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E.E.O.C. v. WASHINGTON SUBURBAN SANITARY COM'N

No. 09-2263.

631 F.3d 174 (2011)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Petitioner-Appellee, v. WASHINGTON SUBURBAN SANITARY COMMISSION, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 26, 2011.

Attorney(s) appearing for the Case

ARGUED: Todd James Horn , Venable, LLP, Baltimore, Maryland, for Appellant. Susan Ruth Oxford , Equal Employment Opportunity Commission, Washington, D.C., for Appellee. ON BRIEF: George W. Johnston , Venable, LLP, Baltimore, Maryland, for Appellant. P. David Lopez , General Counsel, Carolyn L. Wheeler , Acting Associate General Counsel, Lorraine C. Davis , Assistant General Counsel, Equal Employment Opportunity Commission, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Senior Judge DUFFY joined.

OPINION

WILKINSON, Circuit Judge:

The Washington Suburban Sanitary Commission ("WSSC"), a public utility, restructured its Information Technology ("IT") Department by eliminating essentially all of its merit-system positions and replacing them with reorganized, non-merit-system ones. Some of the displaced employees filed an age discrimination complaint with the Equal Employment Opportunity Commission, alleging that...

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