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RUTLAND v. MOORE

No. 94-60375.

54 F.3d 226 (1995)

Darold L. RUTLAND, Plaintiff-Appellant, v. Mike MOORE, Attorney General of the State of Mississippi, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 25, 1995.

Attorney(s) appearing for the Case

Dennis L. Horn, Shirley Payne, Horn & Payne, Jackson, MS, for appellant.

T. Hunt Cole, Jr., Mike Moore, Atty. Gen., Atty. Generals Office, Jackson, MS, for appellee.

Before POLITZ, Chief Judge, REAVLEY and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

At issue is whether, under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. (ADEA), Darold L. Rutland's putative employment as a special assistant attorney general for the Attorney General of the State of Mississippi fell under one of the exemptions to the ADEA's definition of "employee", id. § 630(f), so that his termination could not...

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