CARPENTER v. COM., PA. LIQUOR CONTROL BD.

Civ. A. No. 80-2777.

508 F.Supp. 148 (1981)

Joseph B. CARPENTER v. The COMMONWEALTH of Pennsylvania, PENNSYLVANIA LIQUOR CONTROL BOARD.

United States District Court, E. D. Pennsylvania.

January 13, 1981.


Attorney(s) appearing for the Case

Henry S. Perkin, Allentown, Pa., for plaintiff.

Patrick M. McHugh, Asst. Atty. Gen., Harrisburg, Pa., for defendant.


MEMORANDUM AND ORDER

TROUTMAN, District Judge.

The constitutional predicate of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621 et seq., eludes facile categorization under the Commerce Clause1 or Section 5 of the Fourteenth Amendment.2 Apparently Congress intended to invoke the former source as legislative authority when it declared that "existence in industries...

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