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E.E.O.C. v. STATE OF ILL.

No. 92-2108.

986 F.2d 187 (1993)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. STATE OF ILLINOIS and Fraternal Order of Police, Troopers Lodge No. 41, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 16, 1993.

Rehearing and Rehearing Denied May 11, 1993.

Attorney(s) appearing for the Case

John P. Rowe, E.E.O.C., Chicago, IL, Paul Bogas (argued), Jason S. Hegy, Steven L. Brenneman, Alicia J. Radick, E.E.O.C., Office of Gen. Counsel, Washington, DC, for E.E.O.C.

John A. Simon, Asst. Atty. Gen., Deborah Gage Haude, Columbus R. Gangemi, Jr. (argued), Gregory S. Folley, Winston & Strawn, Chicago, IL, for State of Ill.

John M. Hosteny, Springfield, IL, for Fraternal Order of Police, Troopers Lodge No. 41.

Before BAUER, Chief Judge, POSNER, Circuit Judge, and WILL, Senior District Judge.

Rehearing and Rehearing En Banc Denied May 11, 1993.

WILL, Senior District Judge.

The EEOC brought this suit against the state of Illinois, charging that a mandatory retirement provision affecting Special Agents in the Division of Criminal Investigation violates the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623(a). Under the ADEA such a mandatory retirement provision is illegal unless it meets the exception of § 4(i) (29 U.S.C. §...

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