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ERIE COUNTY RETIREES ASS'N v. COUNTY OF ERIE, PA

No. 99-3877.

220 F.3d 193 (2000)

ERIE COUNTY RETIREES ASSOCIATION and Lyman H. Cohen, for himself and all others similarly situated, v. The COUNTY OF ERIE, PENNYSLVANIA and Erie County Employees' Retirement Board Erie, County Retirees Association and Lyman H. Cohen, as representative and on behalf of the class, Appellants.

United States Court of Appeals, Third Circuit.

Filed August 1, 2000.

Attorney(s) appearing for the Case

Daniel J. Pastore (argued), The McDonald Group, L.L.P., Erie, PA, Attorneys for Appellants.

Richard A. Lanzillo (argued), Jennifer E. Gornall, Knox McLaughlin Gornall & Sennett, P.C., Erie, PA, Attorneys for Appellee The County of Erie, Pennsylvania.

C. Gregory Stewart, General Counsel, Philip B. Sklover, Associate General Counsel, Lorraine C. Davis, Assistant General Counsel, Robert J. Gregory (argued), Senior Attorney Equal Employment Opportunity Commission, Washington, DC, Attorneys for Amicus Curiae Equal Employment Opportunity Commission.

BEFORE: GREENBERG and McKEE, Circuit Judges, and SHADUR, District Judge.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

This matter comes on before this court on appeal from an order of the district court entered September 30, 1999, granting partial summary judgment in favor of the County of Erie, Pennsylvania (the "County"), dismissing appellants' claim under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq. See Erie County Retirees Ass'n v. County of Erie,

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