PETERS v. WAYNE STATE UNIVERSITY

Nos. 79-1658, 79-1670 and 79-1671.

691 F.2d 235 (1982)

Mildred PETERS, et al., Plaintiffs-Appellees, v. WAYNE STATE UNIVERSITY (79-1670), Teachers Insurance and Annuity Association and College Retirement Equities Fund (79-1658, 79-1671), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 14, 1982.


Attorney(s) appearing for the Case

William R. Glendon (argued), Rogers & Wells, New York City, William G. Christopher, Honigman, Miller, Schwartz & Cohen, Detroit, Mich., for defendants-appellants Teachers Ins. and Annuity Ass'n, et al.

Patricia Eames (argued), Elmer L. Roller, Sharon R. Stack, Kenneth A. McKanders, Wayne State University, Detroit, Mich., for defendant-appellant Wayne State University.

Diana A. Steele (argued), Margaret L. Moses, American Civil Liberties Union Foundation, New York City, Vesta Svenson, American Civil Liberties Union, Detroit, Mich., for plaintiffs-appellees Mildred Peters, et al.

William H. Ng (argued), Michael J. Connolly, Philip B. Sklover, Vella M. Fink, Equal Employment Opportunity Commission, Washington, D.C., for amicus curiae EEOC.

John D. Hatch, Law Dept., Hartford, Conn., for amicus curiae Aetna Life.

Before MARTIN, Circuit Judge, and PHILLIPS and BROWN, Senior Circuit Judges.


BOYCE F. MARTIN, Jr., Circuit Judge.

This case requires us to decide whether Title VII prohibits an insurance company from operating or an employer from selecting a retirement benefits plan under which the size of monthly annuity payments is calculated from sex-segregated mortality tables. Wayne State University offers its faculty and certain other employees an annuity pension plan administered by Teacher Insurance and Annuity Association and the College Retirement...

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