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OSCAR MAYER & CO. v. EVANS

No. 78-275.

441 U.S. 750 (1979)

99 S.Ct. 2066

60 L.Ed.2d 609

OSCAR MAYER & CO. ET AL. v. EVANS.

Supreme Court of United States.

Decided May 21, 1979.

Attorney(s) appearing for the Case

James W. Gladden, Jr., argued the cause for petitioners. With him on the briefs were Arthur J. Kowitt and William J. Reifman.

Mark W. Bennett argued the cause for respondent. With him on the brief was Gordon E. Allen. Allan A. Ryan, Jr., argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General McCree, Deputy Solicitor General Easterbrook, and Dennis D. Clark.*

MR. JUSTICE BRENNAN delivered the opinion of the Court.

Section 14 (b) of the Age Discrimination in Employment Act of 1967 (ADEA), 81 Stat. 607, as set forth in 29 U. S. C. § 633 (b), provides in pertinent part:

"In the case of an alleged unlawful practice occurring in a State which has a law prohibiting discrimination in employment because of age and establishing or authorizing a State authority to grant or...

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