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GRACZYK v. UNITED STEELWORKERS OF AMERICA

Nos. 83-2968, 83-3044.

763 F.2d 256 (1985)

Anthony J. GRACZYK, Plaintiff-Appellant, v. UNITED STEELWORKERS OF AMERICA, Defendant-Appellee. John HOWARD, Peter Calacci, and Harold Picard, Plaintiffs-Appellants, v. UNITED STEELWORKERS OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 17, 1985.

As Amended May 20, 1985.

Attorney(s) appearing for the Case

Lawrence Jay Weiner, Weiner, Neuman & Spak, Chicago, Ill., for plaintiffs-appellants.

Richard Brean, United Steelworkers of America, Pittsburgh, Pa., for defendant-appellee.

Before ESCHBACH, COFFEY and FLAUM, Circuit Judges.

ESCHBACH, Circuit Judge.

The primary question presented by these consolidated appeals is whether the district court erred in concluding that the 1977 collective-bargaining agreement at issue was "in effect" on September 1, 1977, for the purposes of § 2(b) of P.L. No. 95-256, which amended the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-634 ("ADEA"), and, therefore, that the agreement was exempted from the application of those amendments...

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