DUGGAN v. BOARD OF EDUC. OF EAST CHICAGO HEIGHTS

No. 86-1855.

818 F.2d 1291 (1987)

James DUGGAN, Plaintiff-Appellant, v. BOARD OF EDUCATION OF EAST CHICAGO HEIGHTS, DISTRICT NO. 169, COOK COUNTY, ILLINOIS, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 24, 1987.

As Modified May 27, 1987.


Attorney(s) appearing for the Case

Joan M. Eagle, Weiner, Neuman & Spak, Chicago, Ill., for plaintiff-appellant.

Mark Flynn, E.E.O.C. Gen. Counsel, Washington, D.C., amicus curiae.

Robert H. Ellch, Scariano, Kula, Ellch, & Hines, Chtd, Chicago Heights, Ill., for defendant-appellee.

Before CUDAHY, POSNER and EASTERBROOK, Circuit Judges.


CUDAHY, Circuit Judge.

This case presents the question whether unreviewed findings of fact made during a state administrative proceeding should be given preclusive effect in a subsequent suit brought under the Age Discrimination in Employment Act of 1967 (the "ADEA"), 29 U.S.C. § 621 et seq. (1982).1 We hold that they should not be given such effect.

I.

James Duggan, a tenured public school teacher, was employed...

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