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SIKORA v. AMERICAN CAN CO.

No. 79-1299.

622 F.2d 1116 (1980)

John SIKORA, Otto Kalmbach, Frederick Meyer, Vladimir Honeiser, Appellants, v. AMERICAN CAN COMPANY, a corporation organized and existing under the laws of the State of New Jersey and authorized to do business in New Jersey.

United States Court of Appeals, Third Circuit.

Decided March 31, 1980.

Attorney(s) appearing for the Case

John J. Rizzo, Stryker, Tams & Dill, Newark, N. J., for appellee; Simpson, Thacher & Bartlett, John W. Ohlweiler (argued), Ernest J. Collazo, Cecelia T. Roudiez, New York City, of counsel.

Frank P. Beninato, Jr. (argued), Beninato, Diorio & Grimaldi, Elizabeth, N. J., for appellants.

Robert E. Williams, Douglas S. McDowell, Monte B. Lake, McGuiness & Williams, Washington, D. C., for amicus curiae (Equal Employment Advisory Council).

Carin Ann Clauss, Sol. of Labor, Donald S. Shire, Associate Sol., Lois G. Williams (argued), Joseph M. Woodward, U. S. Dept. of Labor, Washington, D. C., for amicus curiae (Secretary of Labor).

Before ADAMS, ROSENN and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

Plaintiffs filed suit in the district court asserting that their involuntary retirements in 1975 and 1976 before they reached the age of 65 violated the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-634 (1976)(ADEA). The court entered summary judgment for the defendant on that count but ordered a trial on other allegations of discrimination. In 1978, after entry of the summary judgment...

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