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E.E.O.C. v. ZIPPO MFG. CO.

Nos. 82-5598, 82-5599.

713 F.2d 32 (1983)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellant, v. ZIPPO MANUFACTURING COMPANY, Appellee. J. Gordon MATHENY, Appellant, v. ZIPPO MANUFACTURING COMPANY, Appellee.

United States Court of Appeals, Third Circuit.

Decided July 29, 1983.

Attorney(s) appearing for the Case

W. Sherman Rogers, Kenneth J. Burchfiel (argued), E.E.O.C., Washington, D.C., for appellant E.E.O.C.

Robert A. Murphy (argued), Chaplin, Casner & Edwards, Boston, Mass., for appellant J. Gordon Matheny.

Mark D. Speaker, Henry J. Wallace (argued), Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellee.

Before SEITZ, HIGGINBOTHAM, Circuit Judges, and BROTMAN, District Judge.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

J. Gordon Matheny and the Equal Employment Opportunity Commission ("EEOC"), on behalf of Jack A. Schelling, Arthur H. Schulte and Raymond J. Weinberg, appeal the district court's order granting Zippo Manufacturing Company's ("Zippo") summary judgment motion. Appellants claim that Zippo violated the Age Discrimination in Employment Act ("ADEA"),...

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