E.E.O.C. v. CLAY PRINTING CO.

No. 93-1605.

13 F.3d 813 (1994)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. CLAY PRINTING COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 6, 1994.


Attorney(s) appearing for the Case

Robert John Gregory, Office of Gen. Counsel, E.E.O.C., Washington, DC, argued (James R. Neely, Jr., Deputy Gen. Counsel, Gwendolyn Young Reams, Associate Gen. Counsel, Lorraine C. Davis, Asst. Gen. Counsel, Office of Gen. Counsel, on brief), for plaintiff-appellant.

Mark William Merritt, Robinson, Bradshaw & Hinson, P.A., Charlotte, NC, argued (John K. Webster, on brief), for defendant-appellee.

Before RUSSELL and HALL, Circuit Judges, and CLARKE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.


OPINION

K.K. HALL, Circuit Judge:

In May 1990, the Equal Employment Opportunity Commission ("EEOC" or "Commission") brought an age discrimination action against Clay Printing Company ("Clay"). The suit alleged that Clay had discharged five employees and constructively discharged at least eighteen others, all in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq. In April, 1991, the district court granted summary...

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