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DiBIASE v. SMITHKLINE BEECHAM CORP.

No. 94-1530.

48 F.3d 719 (1995)

John DiBIASE v. SMITHKLINE BEECHAM CORPORATION, Appellant.

United States Court of Appeals, Third Circuit.

Decided February 16, 1995.

Sur Petition For Rehearing March 21, 1995.

Attorney(s) appearing for the Case

Richard A. Ash (argued), Lyman & Ash, Philadelphia, PA, for appellee.

Alan D. Berkowitz, Steven B. Feirson (argued), Dechert Price & Rhoads, Philadelphia, PA, for appellant.

Thomas J. Bender, Jr., Kristine Grady Derewicz, Buchanan Ingersoll, P.C., Philadelphia, PA, for amicus curiae The Pennsylvania Chamber of Business and Industry.

Stephen A. Bokat, Robin S. Conrad, National Chamber Litigation Center, Inc., Washington, DC, for amicus curiae Chamber of Commerce of the U.S.

Robert E. Williams, Douglas S. McDowell, Ann Elizabeth Reesman, McGuiness & Williams, Washington, DC, for amicus curiae Equal Employment Advisory Council.

L. Steven Platt, Arnold & Kadjan, Chicago, IL, Cathy Ventrell-Monsees, Washington, DC, Paul H. Tobias, Tobias, Kraus & Torchia, Cincinnati, OH, Janette Johnson, Dallas, TX, for amicus curiae The Nat. Employment Lawyers Ass'n.

Before: BECKER, GREENBERG and McKEE, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

This is an appeal from a district court's judgment predicated on its opinion holding that an employer violates the Age Discrimination in Employment Act ("ADEA") by offering to all employees terminated as a result of a reduction-in-force (RIF) enhanced severance benefits in return for a general release of all claims, including ADEA claims, against the employer. We conclude that such a practice does not violate...

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