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

No. 87-5174.

930 F.2d 329 (1991)

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.

Rehearing Granted September 20, 1990.

Reargued October 9, 1990.

Decided April 19, 1991.

Attorney(s) appearing for the Case

Vella M. Fink (argued on Jan. 16, 1990), Carolyn L. Wheeler (argued at panel rehearing on Oct. 9, 1990), Donald R. Livingston, and Gwendolyn Young Reams, E.E. O.C., Washington, D.C., for appellant.

Jerome J. Shestack (argued on Jan. 16, 1990 and at panel rehearing on Oct. 9, 1990), Deena Jo Schneider, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., Andrew M. Kramer, Patricia A. Dunn, Glen D. Nager, Jones, Day, Reavis & Pogue, Washington, D.C., Henry W. Ewalt, Westinghouse Elec. Corp., Pittsburgh, Pa., and Moses Lasky, Lasky, Haas, Cohler, & Munter, P.C., San Francisco, Cal., 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 BECKER and GARTH, Circuit Judges.

Panel Rehearing Granted September 20, 1990.

Argued Oct. 20, 1987

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

Reargued Jan. 16, 1990

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

Reargued Oct. 9, 1990

Before HIGGINBOTHAM, Chief Judge,* and BECKER and GARTH, Circuit Judges.

OPINION OF THE...

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