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COURTNEY v. LA SALLE UNIVERSITY

Nos. 96-1512, 96-1572, 96-1865, 96-1866, 96-1867 and 96-1868.

124 F.3d 499 (1997)

Donald J. COURTNEY, Executor and Personal Representative of Robert J. Courtney, Ph.D., Deceased on October 6, 1996, Appellant in Nos. 96-1512 and 96-1867, v. LA SALLE UNIVERSITY, Appellant in No. 96-1865. Charles A. HALPIN, Jr., J.D., Appellant in Nos. 96-1572 and 96-1868, v. LA SALLE UNIVERSITY, Appellant in No. 96-1866.

United States Court of Appeals, Third Circuit.

Decided August 26, 1997.

Attorney(s) appearing for the Case

Dawn Riley Courtney (argued), Kevin J. O'Brien, Marks, O'Neill, Reilly, O'Brien & Courtney, P.C., Philadelphia, PA, for Donald J. Courtney.

Charles A. Halpin, III (argued), Kevin J. O'Brien, Marks, O'Neill, Reilly, O'Brien & Courtney, P.C., Philadelphia, PA, for Charles A. Halpin, Jr., J.D.

John C. Wright, Jr. (argued), David E. Brier, Montgomery, McCracken, Walker & Rhoads, Philadelphia, PA, for La Salle University.

OPINION OF THE COURT

SCHWARZER, Senior District Judge:

In June 1990, La Salle University retired Professor Robert J. Courtney, over his objection, because he had reached the age of seventy. A year later, Professor Charles A. Halpin was retired for the same reason. Both professors had long been aware that La Salle's policy mandated their retirement at age seventy, but neither filed a charge with the Equal Employment Opportunity Commission ("EEOC") until November...

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