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MINCH v. CITY OF CHICAGO

No. 02-2587.

363 F.3d 615 (2004)

James D. MINCH, Richard A. Graf, and Richard Cosentino, Plaintiffs-Appellees, v. CITY OF CHICAGO, Defendant-Appellant. Donald Drnek, Plaintiff-Appellee, v. City of Chicago, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 9, 2004.

Rehearing and Suggestion for Rehearing Denied May 5, 2004.

Attorney(s) appearing for the Case

Joan Matlack (Argued), Futterman & Howard, Chicago, IL, for Plaintiffs-Appellees.

Myriam Zreczny (Argued), Office of the Corporation Counsel, Chicago, IL, for Defendant-Appellant.

Laurie A. McCann, AARP Foundation Litigation, Washington, DC, for Amicus Curiae.

Before POSNER, MANION, and ROVNER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied May 5, 2004.

ILANA DIAMOND ROVNER, Circuit Judge.

In 1996, Congress restored to the Age Discrimination in Employment Act ("ADEA") an exemption permitting state and local governments to place age restrictions on the employment of police officers and firefighters. See 29 U.S.C. § 623(j) (1994 & Supp V 1999). Four years later, the Chicago City Council exercised its authority under this exemption...

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