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U. S. E. E. O. C. v. COUNTY OF CALUMET

No. 81-2120.

686 F.2d 1249 (1982)

U. S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. COUNTY OF CALUMET, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 20, 1982.

Attorney(s) appearing for the Case

James Ungrodt, Calumet County Corp. Counsel, Kiel, Wis., for defendant-appellant.

Kenneth J. Burchfield, Appellate Div., Gen. Counsel E. E. O. C., Washington, D. C., for plaintiff-appellee.

Before WOOD, Circuit Judge, FAIRCHILD, Senior Circuit Judge, and MORGAN, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

Section 28 of the Fair Labor Standards Amendments of 1974, Pub.L.No. 93-259, 88 Stat. 55, amended the Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq., (ADEA) to prohibit state and local governments from discriminating in employment against individuals older than forty but younger than seventy. As an employer, a state or local government may not discharge or involuntarily retire an employee falling...

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