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ALIOTTA v. BAIR

No. 09-5234.

614 F.3d 556 (2010)

Barbara ALIOTTA, et al., Appellants v. Sheila C. BAIR, Chairman, Federal Deposit Insurance Corporation, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 13, 2010.

Attorney(s) appearing for the Case

Joshua N. Rose argued the cause for appellants. With him on the briefs were David L. Rose and Yuval Rubinstein.

Barbara R. Sarshik, Counsel, Federal Deposit Insurance Corporation, argued the cause for appellee. With her on the brief were Colleen J. Boles, Assistant General Counsel, Lawrence H. Richmond, Senior Counsel, and Jennifer M. Barozie, Senior Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge:

A group of former employees (class members or Aliotta plaintiffs) of the Federal Deposit Insurance Corporation (FDIC or the Agency) sued the Agency, alleging violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 633a.1 Specifically, class members claimed FDIC's management targeted older employees in a series of downsizings implemented between 1998 and 2005. The district court granted summary...

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