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SMALLWOOD v. UNITED AIR LINES, INC.

Nos. 80-1111, 80-1153.

661 F.2d 303 (1981)

Gerald E. SMALLWOOD, Appellant, v. UNITED AIR LINES, INC., Appellee. Equal Employment Opportunity Commission, Amicus Curiae. Gerald E. SMALLWOOD, Appellee, v. UNITED AIR LINES, INC., Appellant. Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 8, 1981.

Rehearing and Rehearing Denied January 8, 1982.

Attorney(s) appearing for the Case

Melissa Langa, E. E. O. C., Washington, D. C. (Leroy D. Clark, Gen. Counsel, Constance L. Dupre, Acting Associate Gen. Counsel, Vella M. Fink, Acting Asst. Gen. Counsel, Washington, D. C., on brief), for amicus curiae.

Wyatt B. Durrette, Jr., Fairfax, Va. (Michael C. Montavon, Chess, Durrette & Roeder, P. C., Fairfax, Va., on brief), for appellant.

Hans U. Stucki, United Air Lines, Inc., Chicago, Ill. (Gregory L. Murphy, Murphy, McGettigan, McNally & West, Alexandria, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Circuit Judge, and SPROUSE and ERVIN, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 8, 1982.

SPROUSE, Circuit Judge:

Gerald E. Smallwood, plaintiff below, appeals the judgment of the district court in favor of the defendant United Air Lines, Inc. in his age discrimination action. After a bench trial, the district court found that United's rule denying employment to pilot applicants over the age of 35 was a bona fide occupational qualification (BFOQ) and that the airline did not violate the Age...

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