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E.E.O.C. v. BORDEN'S, INC.

CA No. 83-1701.

724 F.2d 1390 (1984)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. BORDEN'S, INC., a corporation, Defendant-Appellant, International Brotherhood of Teamsters, Chauffeurs and Warehousemen, Local 274, and International Union of Operative Engineers, Local 428, Defendants.

United States Court of Appeals, Ninth Circuit.

Decided January 31, 1984.

Attorney(s) appearing for the Case

Dianna B. Johnston, Barbara Neilson, McGuiness & Williams, Washington, D.C., for plaintiff-appellee.

William R. Neale, Columbus, Ohio, for defendant-appellant.

Before GOODWIN, SCHROEDER and FARRIS, Circuit Judges.

FARRIS, Circuit Judge:

INTRODUCTION

Borden closed its dairy plant in Phoenix, Arizona on December 31, 1979, and fired the employees, except for a few managers. Discharged employees received severance pay according to a policy executed in November, 1979, as an addendum to the collective bargaining agreements reached that year. Under the terms of the policy, employees eligible for retirement were not entitled to...

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