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LYON v. OHIO EDUC. ASS'N & PROFESSIONAL STAFF UNION

No. 93-4072.

53 F.3d 135 (1995)

James LYON, James E. Romick, et al., Plaintiffs-Appellants, v. OHIO EDUCATION ASSOCIATION AND PROFESSIONAL STAFF UNION, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 27, 1995.

Attorney(s) appearing for the Case

Theodore E. Meckler (briefed), Meckler & Meckler, Cleveland, OH, Robert S. Bauders (argued and briefed), Law Office of Robert S. Bauders, Cleveland, OH, for James Lyon.

W. Irl Reasoner (briefed), Habash, Reasoner & Frazier, Georgeann G. Peters (argued), Carol T. McClarnon, Baker & Hostetler, Columbus, OH, for Ohio Educ. Ass'n.

Ronald G. Macala (argued), Green, Haines, Sgambati, Murphy & Macala, Canton, OH, Randall Vehar (briefed), Green, Haines, Sgambati, Murphy & Macala, Akron, OH, for Professional Staff Union.

Jennifer S. Goldstein (argued), E.E.O.C., Office of the Gen. Counsel, Washington, DC, for amicus curiae E.E.O.C.

Before: RYAN and BOGGS, Circuit Judges; ROSEN, District Judge.

BOGGS, Circuit Judge.

The district court granted summary judgment, dismissing a suit challenging an early retirement incentive plan under the Age Discrimination in Employment Act. We now affirm because plaintiffs have not presented a prima facie case of age discrimination.

I

On December 23, 1992, James Lyon sued his employer, the Ohio Education Association ("OEA"), and his union, the Professional Staff Union ("PSU"). He was later joined by...

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