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E.E.O.C. v. COM. OF MASS.

No. 88-1419.

858 F.2d 52 (1988)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, Appellant, v. COMMONWEALTH OF MASSACHUSETTS, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 7, 1988.

Attorney(s) appearing for the Case

Beatrice Valdez with whom Charles A. Shanor, Gen. Counsel, Gwendolyn Young Reams, Associate Gen. Counsel, and Lorraine C. Davis, Asst. Gen. Counsel, Washington, D.C., were on brief for plaintiff, appellant.

H. Reed Witherby, Asst. Atty. Gen., with whom James M. Shannon, Atty. Gen., William L. Pardee and Rosanna Cavallaro, Asst. Attys. Gen., Boston, Mass., were on brief, for defendants, appellees.

Before BOWNES, TORRUELLA and SELYA, Circuit Judges.

TORRUELLA, Circuit Judge.

This appeal concerns a very circumscribed question, although one of undeniable importance. It requires us to decide whether Congress intended to significantly limit the power of the people of the Commonwealth of Massachusetts to determine its qualifications of judges. The controversy arises out of certain amendments to the Age Discrimination in Employment Act of 1967 (ADEA or Act). These amendments brought that Act into apparent conflict...

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