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DUNLOP v. PAN AMERICAN WORLD AIRWAYS, INC.

No. 131, Docket 81-6089.

672 F.2d 1044 (1982)

John T. DUNLOP, Secretary of Labor, United States Department of Labor, Plaintiff-Appellee, v. PAN AMERICAN WORLD AIRWAYS, INC., Defendant-Appellee, William E. Fitzgerald, Benedict Martorana and Alex E. Penman, Movants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 10, 1982.

Attorney(s) appearing for the Case

Jonathan A. Weiss, Legal Services for the Elderly, New York City (Elizabeth Corey, Lucy W. James, Law Clerks, on brief), for movants-appellants.

James S. Frank, New York City (Cecelia T. Roudiez, John L. Lynch, Simpson Thacher & Bartlett, New York City, of counsel), for defendant-appellee.

Joel M. Cohn, Atty. E. E. O. C., Washington, D. C. (Constance L. Dupre, Acting Gen. Counsel, Philip B. Sklover, Acting Associate Gen. Counsel, Vincent Blackwood, Asst. Gen. Counsel, E. E. O. C., Washington, D. C., of counsel), for plaintiff-appellee E. E. O. C.

Before MANSFIELD, VAN GRAAFEILAND and KEARSE, Circuit Judges.

MANSFIELD, Circuit Judge:

In this action by the Secretary of Labor ("Secretary") under § 17 of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 217, and § 7(b) of the Age Discrimination Act of 1967 ("ADEA"), 29 U.S.C. § 626(b), against Pan American World Airways, Inc. ("Pan Am"), three former Pan Am employees appeal from an order of Judge Dudley B. Bonsal of the Southern District of New York denying...

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