1. Home
  2. Browse Decisions
  3. F.3d
  4. 179 F.3d
  5. 179 F.3d 690 (1999)
 

ARNETT v. CAL. PUBLIC EMPLOYEES RETIREMENT SYSTEM

No. 98-15574.

179 F.3d 690 (1999)

Ronald ARNETT; Harold Bailey; Jim Bean; Marguerette Howard; Joycelyn Keller; Wayne E. Lord; Diane S. Militano, Plaintiffs-Appellants, and Anthony Ryan, Plaintiff, v. CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS); Harry Bubb; Robert Carlson; Richard "Bud" Carpenter; Thomas Clark; Kathleen Connell; Jerry Cremins; William Crist; Michael Flaherman; Matt Fong; William "Bill" Rosenberg; Kurato Shimada; Charles Valdes, strictly in their official capacity as members of the Board of Administration of PERS; State of California, as administrator of the PERS and by and through each of its agencies; California Youth Authority; California Department of Corrections; City of West Covina; Department of Motor Vehicles; City of Orange; Riverside County; City of Fremont, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 2, 1999.

As Amended on Denial of Rehearing and Rehearing August 17, 1999.

Attorney(s) appearing for the Case

Ellen Lake, Oakland, California, Steven R. Pingel, Edward L. Faunce, Lemaire, Faunce, Pingel & Singer, Seal Beach, California, Thomas E. Frankovich, San Francisco, California, for the plaintiffs-appellants.

Irene K. Tamura, Deputy Attorney General, Sacramento, California, for the state defendants-appellees.

Henry S. Hewitt, Erickson, Beasley, Hewitt & Wilson, Oakland, California, Jeffrey Wertheimer, Jennifer White-Sperling, Rutan & Tucker, LLP, Costa Mesa, California, for the city and county defendants-appellees.

Laurie A. McCann, American Association of Retired Persons, Washington, D.C., for amicus curiae American Association of Retired Persons.

Jennifer S. Goldstein, Equal Employment Opportunity Commission, Washington, D.C., for amicus curiae Equal Employment Opportunity Commission.

Before: FERNANDEZ and McKEOWN, Circuit Judges, and WEINER, Senior District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc August 17, 1999.

McKEOWN, Circuit Judge:

This case requires us to address a claim for age discrimination in disability benefits in light of the Supreme Court's decision in Hazen Paper Co. v. Biggins, 507 U.S. 604, 113 S.Ct. 1701, 123 L.Ed.2d 338 (1993).

Two individuals are hired as police officers on the same day. One is twenty-five, the other forty-five...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases