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E.E.O.C. v. COM. OF MASS.

No. 92-1696.

987 F.2d 64 (1993)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, Appellant, v. COMMONWEALTH OF MASSACHUSETTS, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 4, 1993.

Attorney(s) appearing for the Case

Lamont N. White, Atty., with whom Donald R. Livingston, General Counsel, Gwendolyn Young Reams, Associate General Counsel, and Vincent J. Blackwood, Asst. General Counsel, Washington, DC, were on brief for appellant E.E.O.C.

Steven S. Zaleznick, Cathy Ventrell-Monsees, and Thomas W. Osborne, Washington, DC, on brief for American Ass'n of Retired Persons, amicus curiae.

Pierce O. Cray, Asst. Atty. Gen., with whom Scott Harshbarger, Atty. Gen., Boston, MA, was on brief for appellee Com. of Mass.

James H. Quirk, Jr., Yarmouthport, MA, for appellee Barnstable County Retirement Ass'n.

Before BREYER, Chief Judge, HIGGINBOTHAM, Senior Circuit Judge, and BOUDIN, Circuit Judge.

A. LEON HIGGINBOTHAM, Senior Circuit Judge.

Massachusetts requires state and local officials and general employees who are seventy years old or older to take and pass a medical examination as a condition of continued employment. The issue on this appeal is whether such a requirement violates the Age Discrimination in Employment Act (ADEA), 81 Stat. 602, as amended, 29 U.S.C. § 621 et seq. (1990). We hold that it...

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