SMITH v. CITY OF JACKSON

No. 03-1160.

544 U.S. 228 (2005)

SMITH ET AL. v. CITY OF JACKSON, MISSISSIPPI, ET AL.

Supreme Court of United States.

Decided March 30, 2005.


Attorney(s) appearing for the Case

Thomas C. Goldstein argued the cause for petitioners. With him on the briefs were Amy Howe, Pamela S. Karlan, and Dennis L. Horn.

Glen D. Nager argued the cause for respondents. With him on the brief were Michael A. Carvin, Louis K. Fisher, Terry Wallace, and Samuel L. Begley.*

STEVENS, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and IV, in which SCALIA, SOUTER, GINSBURG, and BREYER, JJ., joined, and an opinion with respect to Part III, in which SOUTER, GINSBURG, and BREYER, JJ., joined. SCALIA, J., filed an opinion concurring in part and concurring in the judgment, p. 243. O'CONNOR, J., filed an opinion concurring in the judgment, in which KENNEDY and THOMAS, JJ., joined, p. 247. REHNQUIST, C. J., took no part in the decision of the case.


JUSTICE STEVENS announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and IV, and an opinion with respect to Part III, in which JUSTICE SOUTER, JUSTICE GINSBURG, and JUSTICE BREYER join.

Petitioners, police and public safety officers employed by the city of Jackson, Mississippi (hereinafter City), contend that salary increases received in 1999 violated the Age Discrimination in Employment Act of 1967 (ADEA) because...

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