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WEHR v. BURROUGHS CORP.

Nos. 79-1265, 79-2403 and 79-2404.

619 F.2d 276 (1980)

Karl C. WEHR v. The BURROUGHS CORPORATION, Appellant in No. 79-1265. Karl C. WEHR, Appellant in No. 79-2403, v. The BURROUGHS CORPORATION. Karl C. WEHR v. The BURROUGHS CORPORATION, Appellant in No. 79-2404.

United States Court of Appeals, Third Circuit.

Decided April 16, 1980.

Attorney(s) appearing for the Case

Carter R. Buller (argued), Robert M. Goldich, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for The Burroughs Corporation, appellant in Nos. 79-1265 and 79-2404 and cross-appellee in No. 79-2403.

Alan M. Lerner (argued), Faye R. Cohen, Manya L. Kamerling, Cohen, Shapiro, Polisher, Shiekman & Cohen, Philadelphia, Pa., for Karl C. Wehr, appellee in Nos. 79-1265 and 79-2404 and as cross-appellant in No. 79-2403.

Carol Cresswell Moschandreas (argued), Lutz Alexander Prager, Paul E. Mirengoff, Equal Employment Opportunity Commission, Leroy D. Clark, Gen. Counsel, Joseph T. Eddins, Jr., Associate Gen. Counsel, Washington, D.C., for Equal Employment Opportunity Commission, amicus curiae in Nos. 79-2403, and 79-2404.

Michael Churchill, Public Interest Law Center of Philadelphia, Philadelphia, Pa., for amicus curiae in Nos. 79-2403 and 79-2404.

Before ALDISERT and GIBBONS, Circuit Judges, and GERRY, District Judge.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

These consolidated appeals and cross-appeals from a judgment entered following a jury verdict in this age discrimination case present many issues for review, but the major question for decision is whether the court gave a proper jury charge on what constitutes a "willful violation" of the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-634.1 We find no reversible...

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