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AMERICAN ASS'N OF RETIRED PERSONS v. FARMERS GROUP

No. 90-55872.

943 F.2d 996 (1991)

AMERICAN ASSOCIATION OF RETIRED PERSONS; Margaret J. Jashni; Marigo K. Merrick; Howard E. Moore, et al., Plaintiffs-Appellees, v. FARMERS GROUP, INC., and its affiliated companies; Farmers New World Life Insurance Company; the Ohio State Life Insurance Company; Investors Guaranty Life Insurance Company, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 20, 1991.

Attorney(s) appearing for the Case

Charles F. Barker, John M. Temple, Sheppard, Mullin, Richter & Hampton, Thomas A. Hoffman, Early, Maslach, Nutt & Peterson, Los Angeles, Cal., for defendants-appellants.

Raymond C. Fay, Thomas R. Gibbon, Christopher G. Mackaronis, Bell, Boyd & Lloyd, Steven Zaleznick, Cathy Ventrell-Monsees, American Ass'n of Retired Persons, Washington, D.C., for plaintiffs-appellees.

Donald R. Livingston, Acting Gen. Counsel, Gwendolyn Young Reams, Associate Gen. Counsel, Lorraine C. Davis, Asst. Gen. Counsel, Robert J. Gregory, Washington, D.C., for the E.E.O.C., as amicus curiae.

Before REINHARDT and FERNANDEZ, Circuit Judges, and CROCKER, District Judge.

FERNANDEZ, Circuit Judge:

Farmers Group, Inc., its affiliated companies, its pension plan trust, and its profit sharing trust (Farmers) appeal the district court's grant of summary judgment in favor of American Association of Retired Persons (AARP), and a number of current or former employees of Farmers, all of whom are over age 65 (individual appellees). The district court determined that Farmers willfully violated the Age Discrimination in Employment Act (ADEA)...

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