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

No. 87-5174.

907 F.2d 1365 (1990)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. WESTINGHOUSE ELECTRIC CORPORATION. Appeal of UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.

United States Court of Appeals, Third Circuit.

Reargued January 16, 1990.

Decided July 5, 1990.

Mandates Stayed Pending Disposition of Rehearing Petitions September 27, 1990.


Attorney(s) appearing for the Case

Vella M. Fink, (Argued 1/16/90), Gale Barron Black, (Argued 10/20/87), E.E.O.C., Washington, D.C., for appellant.

Jerome J. Shestack, (Argued 1/16/90), James D. Crawford, (Argued 10/20/87), Deena Jo Schneider, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., Andrew M. Kramer, Jones, Day, Reavis & Pogue, Washington, D.C., for appellee.

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


OPINION OF THE COURT

SCIRICA, Circuit Judge.

This is an appeal from a grant of summary judgment dismissing an action brought by the Equal Employment Opportunity Commission ("EEOC") against Westinghouse Electric Corp. on behalf of certain laid-off employees of the Westinghouse plant at Belleville, New Jersey. In its complaint, EEOC claimed that Westinghouse willfully violated Section 4(a) of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §...

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