MASSARSKY v. GENERAL MOTORS CORP.

Nos. 82-5176, 82-5177.

706 F.2d 111 (1983)

William MASSARSKY and Gertrude Massarsky, his wife, Appellants in No. 82-5176 v. GENERAL MOTORS CORPORATION, a corporation of the State of Delaware, Appellant in No. 82-5177.

United States Court of Appeals, Third Circuit.

Decided April 14, 1983.

Rehearing and Rehearing Denied May 11, 1983.


Attorney(s) appearing for the Case

Robert H. Jaffe (argued), Howard G. Schlesinger, Jaffe & Schlesinger, Springfield, N.J., for appellants in 82-5176.

James J. Crowley, Jr. (argued), Linda B. Celauro, Carpenter, Bennett & Morrissey, Newark, N.J., Otis M. Smith, Gen. Counsel, Eugene L. Hartwig, Associate Gen. Counsel, David M. Davis, General Motors Corp., Detroit, Mich., for appellant in 82-5177.

Before ALDISERT, SLOVITER and ROSENN, Circuit Judges.


Rehearing and Rehearing En Banc Denied May 11, 1983.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This complex age discrimination case had its genesis in a decision by General Motors Corporation (the Company) to lay off plaintiff William Massarsky in February 1971 as part of its reduction of the plant workforce. At that time, the Company retained a younger employee who was junior in service to Massarsky. Complaining that the Company discriminated...

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