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McBRAYER v. CITY OF MARIETTA

No. 91-8491.

967 F.2d 546 (1992)

Robert F. McBRAYER, Otis H. Dilbeck, Richard Paul Lindsey, Plaintiffs, Floyd Ray Owens, Charles W. Elliott, William Haberland, Plaintiffs-Appellants, v. CITY OF MARIETTA, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied September 28, 1992.

Attorney(s) appearing for the Case

Ronald F. Chalker, Falanga Barrow & Chalker, Atlanta, Ga., William Terrence Casey, Jr., Hicks Marsh Casey & Young, Marietta, Ga., plaintiffs-appellants.

Downey Cleveland Parker & Williams, Joseph C. Parker, J. Calhoun Harris, Jr., Marietta, Ga., for defendant-appellee.

Before KRAVITCH and DUBINA, Circuit Judges, and RONEY, Senior Circuit Judge.

PER CURIAM:

The district court held that the statute of limitations barred the claims of several City of Marietta police officers who challenged the practice of mandatory retirement at age fifty-five, under the Age Discrimination in Employment Act of 1967 (ADEA) and the Age Discrimination Claims Assistance Act of 1988 (ADCAA). See 29 U.S.C. § 621 et seq. The court granted the City of Marietta's motions for directed verdict against plaintiffs Owens...

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