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UNITED STATES E. E. O. C. v. CITY OF ST. PAUL

No. 81-1037.

671 F.2d 1162 (1982)

U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellee, v. CITY OF ST. PAUL, Appellee, James Fee (Intervenor below), Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 2, 1982.

Attorney(s) appearing for the Case

Jan Stuurmans, argued, Stuurmans & Kelly, P. A., Minneapolis, Minn., for James Fee.

Edward P. Starr, City Atty., Terry Sullivan, Asst. City Atty., St. Paul, Minn., for City of St. Paul.

Leroy D. Clark, Gen. Counsel, Philip B. Sklover, Acting Associate Gen. Counsel, Vella M. Fink, Asst. Gen. Counsel, Allyson K. Duncan, argued, Equal Employment Opportunity Commission, Washington, D. C., for appellee.

Before BRIGHT and ROSS, Circuit Judges, and GIBSON, Senior Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

This is an appeal from that part of the judgment of the district court1 holding that the application of the City of St. Paul's mandatory retirement age of 65 for district fire chiefs violates the Age Discrimination in Employment Act (ADEA). 29 U.S.C. §§ 621-634 (1976 and Supp. II 1978).

I. Facts

The ADEA was enacted in 1967 and...

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