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E.E.O.C. v. STATE OF MISS.

No. 87-4214.

837 F.2d 1398 (1988)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. STATE OF MISSISSIPPI, et al., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 26, 1988.

Attorney(s) appearing for the Case

John T. Kitchens, Sp. Asst. Atty. Gen., Edwin Lloyd Pittman, Atty. Gen., Amelia Y. Smith, Asst. Atty. Gen., Jackson, Miss., for defendant-appellant.

L. Lawrence Ashe, Jr., Kelly J. Koelker, Atlanta, Ga., amicus curiae.

Peggy R. Mastroianni, Washington, D.C., Jerome C. Rose, E.E.O.C., Mildred Byrd, Brenda Montgomery, G. William Davenport, Birmingham, Ala., Karen H. Baker, E.E.O.C., Washington, D.C., for plaintiff-appellee.

Before CLARK, Chief Judge, GEE and RUBIN, Circuit Judges.

GEE, Circuit Judge:

Conflict of Laws

The State of Mississippi appeals a finding by the district court, 654 F.Supp. 1168, that a compulsory retirement statute for game wardens1 violates federal anti-age discrimination law and thus is unenforceable. The state statute retires conservation officers of the Department of Wildlife Conservation at age 60 (as of July 1, 1986; age 62 from July...

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