No. CIV. A. 97-T-1003-N.

4 F.Supp.2d 1130 (1998)

Robert F. DILLA, Hale P. Lane, Jr., and Dennis J. Eason, Plaintiffs, v. Togo D. WEST, Jr., Department of the Army, Secretary of the Army, Defendant.

United States District Court, M.D. Alabama, Northern Division.

May 7, 1998.

Attorney(s) appearing for the Case

Carlyle R. Hatfield, Jess Smethers, Oklahoma City, OK, for Robert P. Dilla, Hale P. Lane, Jr., Dennis J. Eason, Plaintiffs.

Brian C. Corneilson, U.S. Army Litigation Division, Arlington, VA, Patricia A. Snyder, Kenneth E. Vines, U.S. Attorney's Office, Montgomery, AL, Tom Majors, U.S. Attorney's Office, Oklahoma City, OK, for Togo D. West, Jr., Secretary, Department of the Army, Defendant.


MYRON H. THOMPSON, District Judge.

The difficult legal issue raised by this lawsuit is whether, under the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C.A. §§ 621-634, an employer may consider a job candidate's eligibility for retirement in deciding whether to hire the candidate, where retirement eligibility and age are directly correlated, and cannot be independently analyzed. For the reasons that follow...

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