RIVA v. COMMONWEALTH OF MASSACHUSETTS

No. 95-1066.

61 F.3d 1003 (1995)

Albert RIVA, et al., Plaintiffs, Appellants, v. COMMONWEALTH OF MASSACHUSETTS, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 4, 1995.


Attorney(s) appearing for the Case

Raymond C. Fay, with whom Bell, Boyd & Lloyd, Harold L. Lichten, Bryan Decker and Angoff, Goldman, Manning, Pyle, Wanger & Hiatt, P.C., were on brief, for appellants.

Cathy Ventrell-Monsees and Laurie A. McCann on brief, for American Ass'n of Retired Persons, amicus curiae.

James R. Neely, Jr., Deputy Gen. Counsel, Gwendolyn Young Reams, Associate Gen. Counsel, Vincent J. Blackwood, Asst. Gen. Counsel, and Paul D. Ramshaw, Atty., on brief, for U.S. E.E.O.C., amicus curiae.

Thomas O. Bean, Asst. Atty. Gen., with whom Scott Harshbarger, Atty. Gen., was on brief, for appellees.

Before SELYA, BOUDIN, and LYNCH,


SELYA, Circuit Judge.

This case, in which three plaintiffs seek a declaration that the Massachusetts accidental disability retirement scheme violates the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634 (1988), as amended by the Older Workers Benefit Protection Act (OWBPA), Pub.L. No. 101-433, 104 Stat. 978, presents two questions for review on appeal: a question of first impression as to the operation of the OWBPA's nonretroactivity provision...

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