MARSHALL v. CHAMBERLAIN MFG. CORP.

No. 78-1194.

601 F.2d 100 (1979)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Appellant, v. CHAMBERLAIN MANUFACTURING CORPORATION, Appellee.

United States Court of Appeals, Third Circuit.

Decided June 29, 1979.


Attorney(s) appearing for the Case

Carin Ann Clauss, Sol. of Labor, Donald S. Shire, Associate Sol., Dennis D. Clark, Kerry L. Adams (argued), Attorneys, U.S. Dept. of Labor, Washington, D. C., for appellant.

Marshall H. Harris, Regional Sol., Philadelphia, Pa., Obermayer, Rebmann, Maxwell & Hippel, Andrew S. Price (argued), H. Thomas Felix, II, Philadelphia, Pa., for appellee.

Before WEIS and GARTH, Circuit Judges, and BECHTLE, District Judge.


OPINION OF THE COURT

GARTH, Circuit Judge.

An issue which has perplexed the courts since the passage of the Age Discrimination in Employment Act of 19671 is whether a litigant must resort to appropriate state administrative proceedings before commencing an action in federal court. In Goger v. H. K. Porter Co., 492 F.2d 13 (3d Cir. 1974), we held that section 14(b) of the Act

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