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E.E.O.C. v. U. OF TEXAS HEALTH SCIENCE CENTER

No. 82-1216.

710 F.2d 1091 (1983)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 1, 1983.

Attorney(s) appearing for the Case

Raymond R. Baca, Gen. Counsel, Washington, D.C., for plaintiff-appellant.

Laura Martin, Asst. Atty. Gen., Austin, Tex., for defendant-appellee.

Before GEE, REAVLEY and HIGGINBOTHAM, Circuit Judges.

REAVLEY, Circuit Judge:

The Equal Employment Opportunity Commission challenges the policy of the University of Texas of refusing to hire for initial employment commissioned campus police officers beyond the age of forty-five. The trial court concluded that the age restriction was a bona fide occupational qualification (BFOQ) and hence legal under the Age Discrimination in Employment Act (ADEA). We affirm.

I.

The University of Texas System consists...

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