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USERY v. SUN OIL CO. (DELAWARE)

No. CA 3-74-1164-C.

423 F.Supp. 125 (1976)

W. J. USERY, Jr., (Successor to John T. Dunlop), Secretary of Labor, United States Department of Labor v. SUN OIL COMPANY (DELAWARE), a corporation.

United States District Court, N. D. Texas, Dallas Division.

December 3, 1976.

Attorney(s) appearing for the Case

William J. Kilberg, Sol. of Labor, Washington, D.C., Ronald M. Gaswirth, Regional Sol., William E. Everheart, Acting Counsel for Employment Standards, George K. Weber, Atty., U. S. Dept. of Labor, Dallas, Tex., for plaintiff.

Thomas C. Unis and Wm. M. Rippey, Strasburger, Price, Kelton, Martin & Unis, E. M. Cage, Rufus N. McKnight, Jr., and G. David Neal, Dallas, Tex., for Sun Oil Co.

MEMORANDUM OPINION

WILLIAM M. TAYLOR, Jr., Chief Judge.

The Secretary of Labor brought this action to enjoin Defendant Sun Oil Company from violating certain provisions of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. The case is now before the Court on Defendant's motion for summary judgment. Defendant contends that the Secretary failed to comply with the statutory directive of 29 U.S.C. § 626(b), which requires...

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