E.E.O.C. v. CARGILL, INC.

No. 84-2692.

855 F.2d 682 (1988)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. CARGILL, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 26, 1988.


Attorney(s) appearing for the Case

Mark S. Flynn, E.E.O.C., Washington, D.C., (Johnny J. Butler, Acting Gen. Counsel, Gwendolyn Young Reams, Acting Associate Gen. Counsel, Vella M. Fink, Asst. Gen. Counsel, E.E.O.C., Washington, D.C., were also on the brief) for plaintiff-appellant

David J. Waxse, Shook, Hardy & Bacon, Overland Park, Kan. (Carol F. Fowler, Shook, Hardy & Bacon, Kansas City, Mo. and H. Jed Hepworth, Cargill, Inc., Minneapolis, Minn. (of counsel), were also on the brief), for defendant-appellee

Alfred Miller, Steven S. Honigman and Peter N. Greenwald of Miller, Singer & Raives, P.C., New York City, filed a brief amicus curiae for the American Ass'n of Retired Persons.

Before HOLLOWAY, Chief Judge, ANDERSON, Circuit Judge, and CHILSON, District Judge.


HOLLOWAY, Chief Judge.

The Equal Employment Opportunity Commission (EEOC) brought this suit against Cargill, Inc., alleging violations of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and seeking injunctive and other relief. Specifically the EEOC claimed that Cargill maintained a group life insurance program that unlawfully discriminated by denying benefits to employees age 65 and over. Both parties moved for summary judgment...

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