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E.E.O.C. v. COM. OF PA.

Nos. 86-5807, 86-5902.

829 F.2d 392 (1987)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION and Lieutenant Otto J. Binker v. COMMONWEALTH OF PENNSYLVANIA; Pennsylvania State Police; and Daniel F. Dunn, Commissioner of the Pennsylvania State Police. Appeal of Lieutenant Otto J. BINKER and Equal Employment Opportunity Commission.

United States Court of Appeals, Third Circuit.

Decided September 21, 1987.

Rehearing and Rehearing Denied October 19, 1987.

Attorney(s) appearing for the Case

John L. Heaton, Victor P. Stabile (argued), Dilworth, Paxson, Kalish & Kauffman, Harrisburg, Pa., for appellant Lieutenant Binker.

Gale B. Black (argued), Office of Gen. Counsel, Washington, D.C., for appellant E.E.O.C.

Joseph S. Rengert (argued), Office of Chief Counsel, Pennsylvania State Police, Harrisburg, Pa., for appellees.

Before SEITZ, MANSMANN, Circuit Judges, and BISSELL, District Judge.

Rehearing and Rehearing En Banc Denied October 19, 1987.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Lieutenant Otto J. Binker and the Equal Employment Opportunity Commission (EEOC) appeal from the final order of the district court denying their motion for a permanent injunction. This court has jurisdiction under 28 U.S.C. § 1291 (1982).

I.

Pennsylvania law requires all state police officers to retire at age sixty. 71 P.S. ...

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