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E.E.O.C. v. SEAFARERS INTERN. UNION

Nos. 03-2057, 03-2058.

394 F.3d 197 (2005)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. SEAFARERS INTERNATIONAL UNION, Defendant-Appellant, and Paul Hall Center For Maritime Training And Education, Defendant. Equal Employment Opportunity Commission, Plaintiff-Appellee, v. Paul Hall Center For Maritime Training And Education, Defendant-Appellant, and Seafarers International Union, Defendant.

United States Court of Appeals, Fourth Circuit.

Argued: October 29, 2004.

Decided: January 7, 2005.

Attorney(s) appearing for the Case

ARGUED: Anthony Walter Kraus, Miles & Stockbridge, P.C., Baltimore, Maryland, for Appellants. Eric Stefan Dreiband, United States Equal Employment Opportunity Commission, Appellate Services, Washington, D.C., for Appellee. ON BRIEF: Kathleen Pontone, Christian Levine Simpson, Miles & Stockbridge, P.C., Baltimore, Maryland, for Appellant Paul Hall Center for Maritime Training and Education; Theresa M. Connolly, Piper Rudnick, L.L.P., Reston, Virginia, Paul A. Mallos, Piper Rudnick, L.L.P., Baltimore, Maryland, for Appellant Seafarers International Union. Carolyn L. Wheeler, Acting Associate General, Vincent J. Blackwood, Assistant General, Paul D. Ramshaw, Attorney, United States Equal Employment Opportunity Commission, Washington, D.C., for Appellee.

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Affirmed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge Michael and Judge KING joined.

OPINION

WILKINSON, Circuit Judge:

In this interlocutory appeal under 28 U.S.C. § 1292(b) (2000), we have been asked to determine the validity of a 1996 regulation promulgated by appellee, the Equal Employment Opportunity Commission ("EEOC"). This rule extended the strictures of the Age Discrimination in Employment Act...

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