AIR LINE PILOTS ASS'N v. TRANS WORLD AIRLINES, INC.

No. 78 Civ. 3707 (KTD).

506 F.Supp. 236 (1981)

AIR LINE PILOTS ASSOCIATION, INTERNATIONAL, Plaintiff, v. TRANS WORLD AIRLINES, INC. et al., Defendants, Christopher J. Clark et al., Defendants-Intervenors.

United States District Court, S. D. New York.

January 26, 1981.


Attorney(s) appearing for the Case

Cohen, Weiss & Simon, New York City, for plaintiff; Michael E. Abram, Jay P. Levy-Warren, New York City, of counsel.

Chadbourne, Parke, Whiteside & Wolff, New York City, for Trans World Airlines, Inc.; Donald I. Strauber and Henry J. Oechler, Jr., New York City, of counsel.

Haley, Bader & Potts, Chicago, Ill., for defendants-intervenors; Raymond C. Fay, Chicago, Ill., Grau & Weiner, P.C., New York City, of counsel.


OPINION & ORDER

KEVIN THOMAS DUFFY, District Judge:

The material facts in this case are not in dispute. On August 10, 1978, Trans World Airlines, Inc. [hereinafter "TWA"] announced its policy that flight engineers would no longer be required to retire from that position upon reaching age 60. The change in policy was mandated by the Age Discrimination in Employment Act [hereinafter "ADEA"], 29 U.S.C. § 623(f)(2), unless TWA determined that a retirement...

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