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E.E.O.C. v. CITY OF MT. LEBANON, PA.

No. 87-3189.

842 F.2d 1480 (1988)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellant, v. CITY OF MT. LEBANON, PENNSYLVANIA.

United States Court of Appeals, Third Circuit.

Decided March 30, 1988.

Attorney(s) appearing for the Case

Warren Duplinsky (argued), E.E.O.C., Washington, D.C., for appellant.

John J. Myers (argued), Eckert, Seamans, Cherin and Mellott, Pittsburgh, Pa., for appellee.

Before HIGGINBOTHAM, HUTCHINSON and SCIRICA, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

Age discrimination, one commentator recently observed, is "the grayest, and thereby the most troublesome, area" of employment discrimination law. See J. Kalet, Age Discrimination in Employment Law ix (1986). Because in most instances "direct evidence of the employer's motivation is unavailable or difficult to acquire ...", cases involving an employer's intent are particularly troublesome. See...

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