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SPERLING v. HOFFMAN-LA ROCHE INC.

Nos. 88-5104, 88-5214.

862 F.2d 439 (1988)

Richard SPERLING, Frederick Hemsley and Joseph Zelauskas, individually and on behalf of all other persons similarly situated v. HOFFMAN-LA ROCHE INC., a New Jersey corporation, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 30, 1988.

Rehearing Denied January 9, 1989.

Attorney(s) appearing for the Case

John A. Ridley (argued), Richard S. Zackin, Crummy, Del Deo, Dolan, Griffinger & Vecchione, Newark, N.J.; Harold F. Boardman, Associate Gen. Counsel, Hoffmann-La Roche Inc., of counsel, Nutley, N.J., for appellant.

Ben H. Becker, Schwartz, Tobia & Stanziale, Montclair, N.J., Leonard N. Flamm (argued), Hockert & Flamm, New York City, for appellees.

Charles A. Shanor, Gen. Counsel, Gwendolyn Young Reams, Associate Gen. Counsel, Lorraine C. Davis, Asst. Gen. Counsel, Gale Barron Black, E.E.O.E., Washington, D.C., for E.E.O.C. as amicus curiae.

Before SLOVITER, SCIRICA and WEIS, Circuit Judges.

Rehearing Denied in No. 88-5104 January 9, 1989.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Introduction

This appeal is before us following the district court's certification pursuant to 28 U.S.C. § 1292(b) of its order giving court authorization to plaintiffs in an action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., to send a notice to those members of the asserted class...

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