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CITY OF PITTSBURGH v. SIMMONS

No. 84-3081.

729 F.2d 953 (1984)

CITY OF PITTSBURGH, Petitioner, v. The Honorable Paul A. SIMMONS, United States District Judge for the Western District of Pennsylvania, Respondent.

United States Court of Appeals, Third Circuit.

Decided March 22, 1984.

Attorney(s) appearing for the Case

Kareen MacRae Smith, EEOC Appellate Services Div., Washington, D.C., for respondent.

Marvin A. Fein, Deputy City Sol., Ronald Pferderhirt, Asst. City Sol., D.R. Pellegrini, City Sol., Pittsburgh, Pa., for petitioner.

Before GIBBONS, HUNTER and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

This case arises in the context of an action brought by the Equal Employment Opportunity Commission ["EEOC"] against the City of Pittsburgh (at No. 83-2712) in which EEOC has claimed that the City has discriminated against firemen and policemen because of their age. EEOC contends that the City of Pittsburgh ordinance, which requires that policemen and firemen retire at the age of 65, violated the Age Discrimination...

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