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BINKER v. COM. OF PA.

Nos. 91-5745, 91-5746 and 91-5942.

977 F.2d 738 (1992)

Otto J. BINKER, Lieutenant; Charles Leo McBreen, Trooper; Equal Employment Opportunity Commission and Lieutenant Otto J. Binker v. COMMONWEALTH OF PENNSYLVANIA; Pennsylvania State Police; Daniel F. Dunn, Commissioner of the Pennsylvania State Police, George K. McCloskey, Objector, Appellant in 91-5745. Otto J. BINKER, Lieutenant; Charles Leo McBreen, Trooper; Equal Employment Opportunity Commission and Lieutenant Otto J. Binker v. COMMONWEALTH OF PENNSYLVANIA; Pennsylvania State Police; Daniel F. Dunn, Commissioner of the Pennsylvania State Police, Majors George Evan; Roy L. Titler, Claimants, Appellants in 91-5746 and 91-5942.

United States Court of Appeals, Third Circuit.

Decided September 22, 1992.

Attorney(s) appearing for the Case

Donald R. Livingston, Gen. Counsel, Gwendolyn Young Reams, Associate Gen. Counsel, Lorraine C. Davis, Asst. Gen. Counsel, Paul D. Ramshaw, (argued), Estelle D. Franklin, Office of Gen. Counsel, Appellate Services, U.S. E.E.O.C., Washington, D.C., for appellee E.E.O.C.

Joseph S. Rengert (argued), Chief Counsel, Pennsylvania State Police, Harrisburg, Pa., for appellees Com. of Pa., Pennsylvania State Police and Dunn.

William P. Weichler (argued), Philip B. Friedman, Ambrose & Friedman, Erie, Pa., for appellant McCloskey.

Victor P. Stabile (argued), Dilworth, Paxson, Kalish & Kauffman, Harrisburg, Pa., for appellants Evan and Titler.

Before: BECKER, COWEN and ROTH, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge:

This appeal requires us to assess the provisions of a settlement agreement designed to make whole a class of police officers forced into early retirement in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C.A. §§ 621 et seq. The appeal also forces us to address the circumstances under which an individual may challenge a settlement agreement negotiated on his behalf by the Equal...

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