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KATZ v. REGENTS OF THE UNIVERSITY OF CALIFORNIA

No. 99-15384.

229 F.3d 831 (2000)

Joseph KATZ; Roger Moore, on behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. The REGENTS OF THE UNIVERSITY OF CALIFORNIA; Lawrence Livermore National Laboratory; Ernest Orlando Lawrence Berkeley National Laboratory, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 25, 2000.

Attorney(s) appearing for the Case

Gary L. Olimpia and David J. Rude, Olimpia, Whelan & Lively, San Jose, California, for the plaintiffs-appellants.

W. Daniel Clinton, Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP, San Francisco, California, for the defendants-appellees.

Before: Mary M. Schroeder, Michael Daly Hawkins and Raymond C. Fisher, Circuit Judges.

Argued and Submitted June 15, 2000 — San Francisco, California

SCHROEDER, Circuit Judge:

This age discrimination case is brought under both the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq., and the California Fair Employment and Housing Act (FEHA), Cal. Gov't Code §§ 12941 et seq. It challenges the State of California's offer of a new early retirement incentive program to members of one retirement...

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