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  5. 907 F.2d 1354 (1990)
 

E.E.O.C. v. WESTINGHOUSE ELEC. CORP.

No. 86-1226.

907 F.2d 1354 (1990)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. WESTINGHOUSE ELECTRIC CORPORATION, Appellant.

United States Court of Appeals, Third Circuit.

Decided February 2, 1989.

Certiorari Granted October 2, 1989.

On Remand October 2, 1989.

Argued on Remand January 16, 1990.

Decided July 5, 1990.

Attorney(s) appearing for the Case

Jerome J. Shestack (argued), Deena Jo Schneider, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., and Andrew M. Kramer, and Patricia A. Dunn, Jones, Day, Reavis & Pogue, Washington, D.C., for appellant.

Vella M. Fink (argued), E.E.O.C., Washington, D.C., for appellee.

Ann Elizabeth Reesman, McGuiness & Williams, Washington, D.C., for amicus curiae, Equal Employment Advisory Council on behalf of appellant.

Cathy Ventrell-Monsees, American Ass'n of Retired Persons, Washington, D.C., for amicus curiae, American Ass'n of Retired Persons on behalf of appellee.

Before HIGGINBOTHAM, Chief Judge, and SCIRICA and GARTH, Circuit Judges.

On Remand from the Supreme Court of the United States October 2, 1989.

Argued on Remand from the Supreme Court January 16, 1990.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

This appeal arises from an action by the Equal Employment Opportunity Commission ("EEOC") against Westinghouse Electric Corp. based on the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-634 (1982 & Supp. V 1987), which prohibits employers...

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