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EAGLEBURGER v. CITY OF SPRINGFIELD

No. 12968.

677 S.W.2d 914 (1984)

Henry O. EAGLEBURGER and Joseph L. Foell, Plaintiffs-Appellants, v. CITY OF SPRINGFIELD, Missouri, and Don G. Busch, City Manager of the City of Springfield, Missouri, and William Penland, Fire Chief for the City of Springfield, Missouri, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division Two.

September 17, 1984.

Attorney(s) appearing for the Case

Douglas W. Greene, III, Springfield, for plaintiffs-appellants.

Howard C. Wright, Jr., Springfield, for defendants-respondents.

HOGAN, Judge.

Plaintiffs, former members of the Springfield, Missouri, Fire Department, brought this action in the Circuit Court of Greene County, claiming that they were retired from service in violation of 29 U.S. C.A. §§ 621-34, The Age Discrimination in Employment Act of 1967, as amended, (ADEA). Plaintiffs averred, inter alia, that the defendant city's "policy and practice" of requiring fire fighters to retire...

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