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HILDEBRAND v. ALLEGHENY COUNTY

No. 13-1321.

757 F.3d 99 (2014)

Anthony HILDEBRAND, Appellant v. ALLEGHENY COUNTY, a political entity; Allegheny County District Attorney's Office.

United States Court of Appeals, Third Circuit.

Opinion Filed: June 27, 2014.

Attorney(s) appearing for the Case

Marjorie E. Crist , (Argued), Crist Law Center, LLC, Pittsburgh, PA, for Appellant.

Anne N. Occhialino , (Argued), Equal Employment Opportunity Commission, Washington, D.C., for Amicus Curiae Equal Employment Opportunity Commission.

Andrew F. Szefi , Virginia S. Scott , (Argued), Allegheny County Law Department, Pittsburgh, PA, for Appellee Allegheny County.

Bernard M. Schneider , (Argued), Brucker Schneider & Porter, Pittsburgh, PA, for Appellee Allegheny County District Attorney's Office.

Before: GREENAWAY, JR., VANASKIE and ROTH, Circuit Judges.

OPINION OF THE COURT

VANASKIE, Circuit Judge.

This appeal presents three issues on which we have not previously ruled in a precedential opinion. First, whether an employee terminated from a local government position may maintain an action for age discrimination under 42 U.S.C. § 1983. Second, whether the pleading of exhaustion of administrative remedies, a prerequisite to bringing a lawsuit under the Age Discrimination in Employment Act ("ADEA"), 29...

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