PURTILL v. HARRIS

No. 81-1187.

658 F.2d 134 (1981)

PURTILL, James R., Appellant, v. HARRIS, Patricia Roberts, Secty. Dept. of Health & Human Services; Mellody, James F., Principal Reg. Official Dept. of Health and Human Services; Bryant, Everett, Reg. Administrator Health Care Financing Administration; Griffith, Robert L., Senior Program Officer, Office of the Reg. Administrator Health Care Financing Administration; Kennedy, Thomas J., Chief Reg. Personnel Office, Dept. of Health and Human Services; Hartman, Maurice, Office of the Principal Regional Official; Carty, Alwyn L., Acting Reg. Medicare Director; Jesse, Jr., Hampton D., Director of Program Management Medicare Reg. Off.; Watson, Dorothy J., Supervisory District Office and Professional Groups Specialist Medicare Regional Office.

United States Court of Appeals, Third Circuit.

Decided August 24, 1981.


Attorney(s) appearing for the Case

Frank X. O'Brien (argued), O'Brien & O'Brien, Philadelphia, Pa., for appellant.

Stephanie W. Naidoff, Regional Atty., Gary S. Turetsky, Asst. Regional Atty. Region III (argued), Dept. of Health and Human Services, Philadelphia, Pa., for appellee; Peter F. Vaira, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, Appellate Div., Joan K. Garner, Asst. U. S. Atty., E. D. Pa., Philadelphia, Pa., of counsel.

Before ALDISERT and WEIS, Circuit Judges, and RE, Chief Judge.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

The first question for decision presented by this appeal by a federal employee from the district court's grant of summary judgment for the government defendants is whether section 15 of the Age Discrimination in Employment Act, 29 U.S.C. § 633a, preempts judicial remedies based directly on the Constitution for claims of age discrimination in federal employment. We also must decide whether a plaintiff bringing...

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