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HAHN v. CITY OF BUFFALO

Nos. 941, 1179, Dockets 84-7990, 84-9018.

770 F.2d 12 (1985)

Suzanne M. HAHN, et al., Plaintiffs-Appellees, and Equal Employment Opportunity Commission, Intervenor-Plaintiff-Appellee, v. The CITY OF BUFFALO, A Municipal Corporation, et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 6, 1985.

Attorney(s) appearing for the Case

Douglas S. Cream, Asst. Atty. Gen., Buffalo, N.Y. (Robert Abrams, Atty. Gen., Albany, N.Y., Robert Hermann, Sol. Gen., Buffalo, N.Y., on brief), for defendant-appellant New York State Civil Service Com'n.

J. Kenneth L. Morse, Washington, D.C. (Johnny J. Butler, Gen. Counsel, Susan Buckingham Reilly, Washington, D.C., on brief), for intervenor-plaintiff-appellee E.E.O.C.

William A. Price, Buffalo, N.Y. (Price, Johnston, Buffalo, N.Y., on brief), for plaintiffs-appellees.

Before FEINBERG, Chief Judge, and VAN GRAAFEILAND and NEWMAN, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal concerns a challenge under the Age Discrimination in Employment Act (ADEA) to a state law that establishes a maximum age of 29 for hiring police officers in New York. The City of Buffalo and the New York State Department of Civil Service appeal from a judgment of the District Court for the Western District of New York (John T. Curtin, Chief Judge) invalidating section 58(1)(a) of the New York Civil Service Law.

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