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WAMSLEY v. CHAMPLIN REFINING AND CHEMICALS, INC.

No. 92-1743.

11 F.3d 534 (1993)

Allen M. WAMSLEY, Donald J. Whittenberg, Anthony J. Nagy, Betty R. Sanderson and Glenda K. Bennett, Plaintiffs-Appellants, v. CHAMPLIN REFINING AND CHEMICALS, INC., et al., Defendants, Champlin Refining and Chemicals, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 30, 1993.

Attorney(s) appearing for the Case

Robert Edward Goodman, Jr., Fults, Francis & Goodman, Dallas, TX, for plaintiffs-appellants.

Susan L.P. Starr, EEOC, Washington, DC, for amicus curiae EEOC.

Stanley Weiner, Janet A. Hendrick, Jones, Day, Reavis & Pogue, Dallas, TX, for Champlin, Citgo and Termination Pay Plan.

Ann Elizabeth Reesman, McGuiness & Williams, Washington, DC, for amicus curiae EEAC.

James Baird, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, for amicus curiae NPELRA.

Before JONES and DeMOSS, Circuit Judges, and BARBOUR, District Judge.

DeMOSS, Circuit Judge:

We are called upon in this case to determine whether the waiver requirements of the Older Workers Benefit Protection Act2 (the "OWBPA"), make our holding in Grillet v. Sears Roebuck & Co., 927 F.2d 217 (5th Cir.1991), unsound. Because we conclude that nothing in the text or the legislative history of the OWBPA evidences a congressional intent to disturb the common law...

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