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E.E.O.C. v. CITY OF ALTOONA, PA.

No. 82-5805.

723 F.2d 4 (1983)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. CITY OF ALTOONA, PENNSYLVANIA, Commonwealth of Pennsylvania. Appeal of UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.

United States Court of Appeals, Third Circuit.

Decided December 13, 1983.

Attorney(s) appearing for the Case

David L. Slate, Gen. Counsel, Philip B. Sklover, Associate Gen. Counsel, Vella M. Fink, Asst. Gen. Counsel, Dianna B. Johnston (argued), Atty., E.E.O.C., Washington, D.C. for appellant, E.E.O.C.

Alton P. Arnold, Jr., Deputy Atty. Gen., Pittsburgh, Pa., for Com. of Pa.

James A. Mollica, Jr. (argued), Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, Pa., for appellee, City of Altoona.

Before GIBBONS, GARTH and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

The Equal Employment Opportunity Commission (EEOC) appeals from a summary judgment in favor of the City of Altoona and the Commonwealth of Pennsylvania, in its complaint for injunctive relief prohibiting the City from violating the Age Discrimination in Employment Act of 1967 ("ADEA"), as amended, 29 U.S.C. §§ 621-634 (1976 & Supp. V 1981).1 The complaint also seeks reinstatement...

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