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ARNOLD v. U.S. POSTAL SERVICE

Nos. 87-5361, 87-5362.

863 F.2d 994 (1988)

Clyde J. ARNOLD, Jr., et al. v. UNITED STATES POSTAL SERVICE, Appellant. Charles Ray NETHERTON, as class agent v. UNITED STATES POSTAL SERVICE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 20, 1988.

Attorney(s) appearing for the Case

Wilma A. Lewis, Asst. U.S. Atty., Washington, D.C., with whom William Bradford Reynolds, Asst. Atty. Gen., New York City, Jay B. Stephens, U.S. Atty., Stephen E. Alpern, Associate Gen. Counsel, U.S. Postal Service, John D. Bates, and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., and Anthony W. DuComb, Atty., U.S. Postal Service, Philadelphia, Pa., were on the brief, for appellant.

Joseph E. Kolick, Jr., with whom Cyril V. Smith and Clay Warner, Washington, D.C., were on the brief, for appellees.

Before BUCKLEY and D.H. GINSBURG, Circuit Judges, and LEONARD I. GARTH, U.S. Senior Circuit Judge for the Third Circuit.

Opinion for the court filed by Circuit Judge BUCKLEY.

Dissenting opinion filed by Senior Circuit Judge GARTH.

BUCKLEY, Circuit Judge:

The United States Postal Inspection Service appeals from a decision of the district court holding that it discriminated against a class of older postal inspectors in violation of the Age Discrimination in Employment Act. The district court ruled that a single element of the Postal Service's Career Path Policy constituted...

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