SMALLWOOD v. UNITED AIR LINES, INC.

Nos. 82-2115, 82-2116.

728 F.2d 614 (1984)

Gerald E. SMALLWOOD, Appellee, v. UNITED AIR LINES, INC., Appellant. Gerald E. SMALLWOOD, Appellant, v. UNITED AIR LINES, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 28, 1984.


Attorney(s) appearing for the Case

Herbert Prashker, New York City (William E. Hickman, Poletti, Freidin, Prashker & Gartner, New York City, on brief), for appellant in No. 82-2115, and for appellee in No. 82-2116.

Wyatt B. Durrette, Jr., Fairfax, Va. (Michael C. Montavon, Joyce A. Naumann, Roeder, Durrette & Davenport, P.C., Fairfax, Va., on brief), for appellee in No. 82-2115 and for appellant in No. 82-2116.

Before RUSSELL, HALL and MURNAGHAN, Circuit Judges.


DONALD RUSSELL, Circuit Judge:

This is an action under the Age Discrimination in Employment Act (ADEA)1 in which the plaintiff (Smallwood) challenges the refusal of the defendant United Air Lines, Inc. (United) to process his application for employment as a flight officer under a rule providing that an application for employment as a flight officer would not be processed if the applicant were over 35 years of age. The plaintiff was shown...

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