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SCHLITZ v. COM. OF VA.

No. 88-1578.

854 F.2d 43 (1988)

Lester E. SCHLITZ, Plaintiff-Appellee, v. COMMONWEALTH OF VIRGINIA, Defendant-Appellant, and The Supreme Court of Virginia; Honorable Harry Lee Carrico, Chief Justice of the Supreme Court of Virginia, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 19, 1988.

Attorney(s) appearing for the Case

Gregory E. Lucyk, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., H. Lane Kneedler, Chief Deputy Atty. Gen., Gail Starling Marshall, Deputy Atty. Gen., Cleo E. Powell, Sr. Asst. Atty. Gen., on brief), for defendant-appellant.

Gary Howard Simpson (Simpson and Ehrlich, P.A., Henry L. Marsh, III, Hill, Tucker & Marsh, on brief), for plaintiff-appellee.

Before WINTER, Chief Judge, and RUSSELL and WILKINS, Circuit Judges.

HARRISON L. WINTER, Chief Judge:

Lester E. Schlitz, plaintiff, sued the Commonwealth of Virginia (the Commonwealth) claiming that the failure of the Virginia General Assembly (the Assembly) to reelect him to the position of circuit judge for the City of Portsmouth, Virginia upon the expiration of his term, constituted age discrimination in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq. (1985). The Commonwealth...

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