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KELLY v. WAUCONDA PARK DIST.

No. 85-2390.

801 F.2d 269 (1986)

Duke B. KELLY, Plaintiff-Appellant, v. WAUCONDA PARK DISTRICT, a local Governmental Agency of the State of Illinois, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 12, 1986.

Attorney(s) appearing for the Case

Timothy P. Whelan, Wheaton, Ill., for plaintiff-appellant.

Warren Bo Duplinsky, E.E.O.C., Washington, D.C., amicus curiae.

Daniel R. Warren, Jeffrey D. Colman, Jenner & Block, Chicago, Ill., for defendant-appellee.

Heidi H. Katz, Fawell, James & Brooks, Naperville, Ill., amicus curiae.

Before WOOD and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

The plaintiff, Duke Kelly, alleges that the Wauconda Park District fired him because of his age in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621 et seq. The district court granted the defendant's motion to dismiss, finding that the Wauconda Park District was not an "employer" as defined by the ADEA. The district court determined that in passing the 1974 amendment to the ADEA adding...

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