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PATTERSON v. INDEPENDENT SCHOOL DIST. # 709

No. 83-2725MN.

742 F.2d 465 (1984)

Lorenzo J. PATTERSON, Plaintiff/Appellant, v. INDEPENDENT SCHOOL DISTRICT # 709, et al. Defendants/Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 29, 1984.

Attorney(s) appearing for the Case

Susan Ginsburg, Duluth, Minn., for plaintiff/appellant.

Gerald A. Pommerville of Edgerton, Theobald & Abelsen, Duluth, Minn., for defendants/appellants.

Before ARNOLD and FAGG, Circuit Judges and DUMBAULD, Senior District Judge.

DUMBAULD, Senior District Judge.

In order "to promote employment of older persons based on their ability rather than age" and to discourage the common practice of "setting of arbitrary age limits regardless of potential for job performance" [29 U.S.C. § 621], Congress by the Act of December 15, 1967, 81 Stat. 603, 29 U.S.C. § 623(a) provided that:

It shall be unlawful for an employer ... to discriminate against any individual with respect to his...

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