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VON AULOCK v. SMITH

No. 82-2279.

720 F.2d 176 (1983)

Wilhelm H. VON AULOCK and J.M. Hidalgo, Appellants, v. J. Clay SMITH, Jr., Acting Chairman, Equal Employment Opportunity Commission.

United States Court of Appeals, District of Columbia Circuit.

Decided October 21, 1983.

Attorney(s) appearing for the Case

Beth Nolan, Atty., Dept. of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Dept. of Justice, Stanley S. Harris, U.S. Atty., Larry L. Simms, Deputy Asst. Atty. Gen., Dept. of Justice, Philip B. Sklover, Associate General Counsel, Vella M. Fink, Asst. General Counsel, Colleen M. O'Connor and Christopher Mackaronis, Attys., E.E.O.C., Washington, D.C., were on brief, for appellee.

Edgar Pauk of the Bar of the Supreme Court of N.Y., pro hac vice, New York City, by special leave of Court, with whom Jonathan A. Weiss, New York City, Michael Nussbaum and Kate A. Martin, Washington, D.C., were on brief, for appellants.

Before TAMM, GINSBURG and BORK, Circuit Judges.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

Appellants challenge an Interpretative Bulletin of the Equal Employment Opportunity Commission ("EEOC") that they allege authorizes their employers to maintain pension plans that violate the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-634 (1976 & Supp. V 1981). The issue on this appeal is whether appellants' complaint presents a case or controversy —...

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