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ACE ELEC. CONTRACTORS v. INTERNATIONAL BROTH.

No. 04-1505.

414 F.3d 896 (2005)

ACE ELECTRICAL CONTRACTORS, INC.; National Electrical Contractors Association, Minneapolis Chapter, Appellees, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NUMBER 292, A.F.L.-C.I.O., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 14, 2005.

Attorney(s) appearing for the Case

Richard L. Kaspari, argued, Minneapolis, MN (Terry R. Yellig, Washington, DC, filed a brief amicus curiae on behalf of International Brotherhood of Electrical Workers, AFL-CIO), for appellant.

Paul J. Zech, argued, Minneapolis, MN (Brian T. Benkstein, Minneapolis, MN, on brief), for appellee.

Before MURPHY, HANSEN, and MELLOY, Circuit Judges.

HANSEN, Circuit Judge.

The question presented is whether Minnesota's public policy against discrimination in employment on the basis of age, Minn.Stat. § 363A.08 Subds. 1, 2 (Supp. 2003), prohibits a negotiated employee age ratio in a collective bargaining agreement that requires 1 out of every 5 electrical workers in a unionized shop to be 50 years of age or over. The district court1 concluded...

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