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E.E.O.C. v. JEFFERSON COUNTY SHERIFF'S DEPT.

No. 03-5437.

424 F.3d 467 (2005)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. JEFFERSON COUNTY SHERIFF'S DEPARTMENT, Kentucky Retirement Systems, and Commonwealth of Kentucky, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 19, 2005.

Attorney(s) appearing for the Case

ARGUED: Eric S. Dreiband, Office of General Counsel, Equal Employment Opportunity Commission, Washington, D.C., for Appellant. Robert D. Klausner, Klausner & Kaufman, Plantation, Florida, for Appellees. ON BRIEF: Eric S. Dreiband, Dori K. Bernstein, Office of General Counsel, Equal Employment Opportunity Commission, Washington, D.C., for Appellant. Robert D. Klausner, Klausner & Kaufman, Plantation, Florida, James D. Allen, C. Joseph Beavin, Lizbeth A. Tully, Stoll, Keenon & Park, Lexington, Kentucky, D. Brent Irvin, Office of the Attorney General, Frankfort, Kentucky, for Appellees.

Before: ROGERS and SUTTON, Circuit Judges; ROSEN, District Judge.

OPINION

ROGERS, Circuit Judge.

Plaintiff Equal Employment Opportunity Commission ("EEOC") appeals the district court's dismissal of its case on defendants' motion for summary judgment. The suit is a public enforcement action under the Age Discrimination in Employment Act ("ADEA") against defendants the Kentucky Retirement System, the Jefferson County Sheriff's Office, and the Commonwealth of Kentucky (collectively "Kentucky Retirement"). The EEOC alleges...

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