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E.E.O.C. v. MISSISSIPPI STATE TAX COM'N

No. 87-4659.

848 F.2d 526 (1988)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. MISSISSIPPI STATE TAX COMMISSION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 21, 1988.

Attorney(s) appearing for the Case

Peggy R. Mastroianni, Charles A. Shanor, Gen. Counsel, E.E.O.C., Washington, D.C., for plaintiff-appellant.

John T. Kitchens, Asst. Atty. Gen., Edwin Lloyd Pittman, Atty. Gen., Bobby R. Long, Chief Atty., Miss. State Tax Comm., Jackson, Miss., for defendant-appellee.

Before GOLDBERG, RUBIN, and JONES, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The Equal Employment Opportunity Commission appeals a district court decision that the Mississippi State Tax Commission established "physical stamina and the ability to withstand stressful working conditions" as bona fide occupational qualifications under the Age Discrimination in Employment Act,1 justifying the retirement at age 60 of officers charged with enforcing the State's highway tax laws. Because...

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