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KALVINSKAS v. CALIFORNIA INSTITUTE OF TECHNOLOGY

No. 94-55958.

96 F.3d 1305 (1996)

John J. KALVINSKAS, Plaintiff-Counter-Defendant-Appellant, v. CALIFORNIA INSTITUTE OF TECHNOLOGY, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 27, 1996.

Attorney(s) appearing for the Case

Robert M. Teets, Jr. and Stephen E. Webber, Law Offices of Stephen E. Webber, Los Angeles, CA, for plaintiff-counter-defendant-appellant.

Brent R. Bohn and James A. Zapp, Paul, Hastings, Janofsky & Walker, Los Angeles, CA, for defendant-counter-claimant-appellee.

Laurie A. McCann, American Association of Retired Persons, Washington, DC, for amicus American Association of Retired Persons.

Gail S. Coleman, Equal Employment Opportunity Commission, Washington, DC, for amicus Equal Employment Opportunity Commission.

Before: BROWNING, NORRIS, and REINHARDT, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

This appeal requires us to interpret the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., as amended by the Older Workers Benefit Protection Act of 1990 (OWBPA), Pub.L. No. 101-433, 104 Stat. 978. At issue is the meaning of a provision in the OWBPA that permits an employer to offset long-term disability benefits with the pension benefits for which a retirement-age employee is eligible.

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