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KOPEC v. CITY OF ELMHURST

No. 98-2858.

193 F.3d 894 (1999)

Richard T. Kopec, Plaintiff-Appellant, v. CITY OF ELMHURST, a municipal corporation, and Board of Fire and Police Commissioners of the City of Elmhurst, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 5, 1999.

Attorney(s) appearing for the Case

Paul V. Esposito (argued), Lewis, Overbeck & Furman, Chicago, IL, for plaintiff-appellant.

Barbara J. Gosselar (argued), Kubiesa, Spiroff, Gosselar & Pieper, Oakbrook Terrace, IL, John H. Brechin, Itasca, IL, for defendant-appellee.

Before POSNER, Chief Judge, and FLAUM and ROVNER, Circuit Judges.

ILANA DIAMOND ROVNER, Circuit Judge.

At age 45, Richard Kopec sought to become a full-time police officer for the Chicago suburb of Elmhurst. The city declined to hire him, explaining that he had failed an oral interview. Kopec filed suit under the Age Discrimination in Employment Act of 1967, as amended (the "ADEA"), 29 U.S.C. § 621, et seq., contending that the real reason for the city's refusal to hire him was his age. The district court granted summary...

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