E.E.O.C. v. KDM SCHOOL BUS CO.

No. 84 Civ. 3861 (EW).

612 F.Supp. 369 (1985)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. KDM SCHOOL BUS COMPANY, City School District of the City of New Rochelle, City of New Rochelle, New York State Education Department, Commissioner of Education of the State of New York, Defendants.

United States District Court, S.D. New York.

July 5, 1985.


Attorney(s) appearing for the Case

E.E.O.C., New York District Office, New York City (Robert L. Williams, Regional Atty., Bert A. Bunyan, Supervisory Trial Atty., Brunhilda Sanders, Senior Trial Atty., New York City, of counsel), for plaintiff.

Robert Abrams, Atty. Gen., State of New York., New York City (Douglas D. Aronin, Asst. Atty Gen., New York City, of counsel), for defendants New York State Educ. Dept. and Commissioner of Educ. of State of N.Y.

Kaye, Scholer, Fierman, Hays & Handler, New York City (Peter A. Walker, Steven M. Martin, New York City, of counsel), for defendant City School Dist. of City of New Rochelle.


OPINION

EDWARD WEINFELD, District Judge.

Plaintiff, the Equal Employment Opportunity Commission ("EEOC"), brings this action claiming that a regulation promulgated by the Commissioner of Education of the State of New York which requires school bus drivers to retire at the age of sixty-five1 violates the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (1982) ("ADEA"). The EEOC, on behalf of Henry J. Stevens...

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