PAOLILLO v. DRESSER INDUSTRIES, INC.

Nos. 650-652, Dockets 86-7705, 86-7817 and 86-7819.

821 F.2d 81 (1987)

Dominic PAOLILLO, Lucy Wadsworth and Robert F. Grady, Plaintiffs-Appellants, v. DRESSER INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 10, 1987.

Decided on Rehearing June 16, 1987.


Attorney(s) appearing for the Case

Dominic Paolillo, Spring Hill, Fla. (Robert F. Grady, East Hartford, Conn., Lucy Wadsworth, Wethersfield, Conn., appearing pro se), for plaintiffs-appellants.

Philip L. Steele, Hartford, Conn. (Rogin, Nassau, Caplan, Lassman & Hirtle, of counsel), for plaintiffs-appellants on Petition for Rehearing.

Edward M. Richters, Hartford, Conn. (Day, Berry & Howard, Albert Zakarian, of counsel), for defendant-appellee.

Alfred Miller, New York City (Miller, Singer, Raives & Brandes, P.C., Steven S. Honigman, Peter N. Greenwald, Steven Zaleznick, Christopher G. Mackaronis, Cathy Ventrell-Monsees, of counsel), for the American Association of Retired Persons, as amicus curiae, on Petition for Rehearing.

Robert M. Swetnick, Washington, D.C. (Mozer & Swetnick, of counsel), for the National Council of Senior Citizens, as amicus curiae, on Petition for Rehearing.

Fred A. Freund, New York City (Kaye, Scholer, Fierman, Hays & Handler, Jay W. Waks, William C. Zifchak, David E. Prager, of counsel), for the Chamber of Commerce and Industry, Inc., as amicus curiae, on Petition for Rehearing.

Robert E. Williams, Washington, D.C. (McGuiness & Williams, Douglas S. McDowell, Edward E. Potter, P.C., of counsel), for the Equal Employment Advisory Council, as amicus curiae, on Petition for Rehearing.

Charles A. Shanor, Gen. Counsel, Washington, D.C. (E.E.O.C., Lorraine C. Davis, Acting Associate Gen. Counsel, Dianna B. Johnston, of counsel), as amicus curiae, on Petition for Rehearing.

Before FEINBERG, Chief Judge, TIMBERS and PIERCE, Circuit Judges.


FEINBERG, Chief Judge:

The ultimate issue in this case is whether defendant-appellee Dresser Industries, Inc., through its Whitney Chain Division, violated the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 (ADEA), by implementing an "elective termination program," pursuant to which plaintiffs-appellants Dominic Paolillo, Lucy Wadsworth and Robert Grady ended their employment with Whitney Chain. The issue before us is whether the United States...

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