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E.E.O.C. v. INSURANCE CO. OF NORTH AMERICA

No. 93-16384.

49 F.3d 1418 (1995)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 13, 1995.

Attorney(s) appearing for the Case

Jennifer S. Goldstein, E.E.O.C., Washington, DC, for plaintiff-appellant.

Michael A. Davis, Philadelphia, PA, for defendant-appellee.

Before: HUG, CANBY and KLEINFELD, Circuit Judges.

CANBY, Circuit Judge:

I.

The Equal Employment Opportunity Commission ("EEOC") appeals the district court's grant of summary judgment to defendant Insurance Company of North America (ICNA) in this enforcement action brought on behalf of Richard Pugh under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. (1994). We reject the EEOC's argument that ICNA's refusal to interview or hire Pugh on the ground that he was overqualified...

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