MARSHALL v. SUN OIL CO. (DELAWARE)

No. 77-1954.

605 F.2d 1331 (1979)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, (Equal Employment Opportunity Commission, substituted in the place and stead of Ray Marshall, Secretary of Labor, etc.), Plaintiff-Appellant, v. SUN OIL COMPANY (DELAWARE), a corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 5, 1979.


Attorney(s) appearing for the Case

Jacob I. Karro, Joseph Woodward, Attys., Dept. of Labor, Washington, D. C., for plaintiff-appellant.

Royal H. Brin, Jr., Rufus N. McKnight, Jr., G. David Neal, Susan F. Hamelin, Dallas, Tex., for defendant-appellee.

Frank C. Morris, Jr., McGuiness & Williams, Beatrice Rosenberg, Asst. Gen. Counsel, EEOC, Washington, D. C., for amicus curiae Equal Employment Advisory Council.

Before TJOFLAT and VANCE, Circuit Judges, and ALLGOOD, District Judge.


VANCE, Circuit Judge:

The Secretary of Labor1 originally brought this action in October 1974 under the Age Discrimination in Employment Act (the Act or ADEA), 29 U.S.C. §§ 621-634, to enjoin Sun Oil Company of Delaware from violating the Act in the future and to obtain restitution and reinstatement for 121 employees who were wrongfully terminated from their jobs because of age. Sun Oil subsequently moved for summary judgment...

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