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LONG v. SEARS ROEBUCK & CO.

No. 96-1264.

105 F.3d 1529 (1997)

Thomas LONG v. SEARS ROEBUCK & COMPANY; Sears Merchandise Group. Thomas G. Long, Appellant.

United States Court of Appeals, Third Circuit.

Decided February 6, 1997.

Sur Petition for Rehearing March 11, 1997.

Attorney(s) appearing for the Case

Richard Z. Freemann, Jr. (argued), Philadelphia, PA, for Appellant.

Robert M. Goldich (argued), Rachel S. Lieberman, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, PA, for Appellees.

Cathy Ventrell-Monsees, Laurie A. McCann, Melvin Radowitz, American Association of Retired Persons, Washington, DC, for Amicus-Appellant American Association of Retired Persons.

C. Gregory Stewart, General Counsel, Gwendolyn Young Reams, Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, Jennifer S. Goldstein (argued), Equal Employment Opportunity Commission, Washington, DC, for Amicus-Appellant Equal Employment Opportunity Commission.

Ann E. Reesman, Robert E. Williams, Mary Chlopecki, McGuiness & Williams, Washington, DC, for Amicus-Appellee Equal Employment Advisory Council.

Before: MANSMANN and GREENBERG, Circuit Judges, and HILLMAN, District Judge.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

Thomas Long, a former Sears employee, appeals an order of the district court granting summary judgment in favor of Sears in an action filed by Long based in part on the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq., as amended by Title II of the Older Workers Benefit Protection Act of 1990 ("OWBPA"), 29 U.S.C. § 626(b...

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