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GATELY v. COM. OF MASS.

No. 92-2485.

2 F.3d 1221 (1993)

Daniel J. GATELY, et al., Plaintiffs, Appellees, v. COMMONWEALTH OF MASSACHUSETTS, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided August 18, 1993.

Attorney(s) appearing for the Case

Deborah S. Steenland, Asst. Atty. Gen., with whom Scott Harshbarger, Atty. Gen. and Thomas A. Barnico, Asst. Atty. Gen., Boston, MA, were on brief for appellants.

James B. Conroy, with whom Katherine L. Parks and Donnelly, Conroy & Gelhaar, Boston, MA, were on brief for appellees.

Paul D. Ramshaw, Donald R. Livingston, Gen. Counsel, Gwendolyn Young Reams, Associate Gen. Counsel and Vincent J. Blackwood, Asst. Gen. Counsel, Washington, DC, on brief for the U.S.E.E.O.C., amicus curiae.

Before BOUDIN, Circuit Judge, CAMPBELL, Senior Circuit Judge, and STAHL, Circuit Judge.

STAHL, Circuit Judge.

This is an appeal from a preliminary injunction issued pursuant to the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq., prohibiting defendants-appellants Commonwealth of Massachusetts, Thomas Rapone, Secretary of Public Safety, and Francis McCauley, Executive Director of the Massachusetts Retirement Board, from enforcing the statutorily mandated retirement of members of the Department of State Police aged 55...

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