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BECK v. BOROUGH OF MANHEIM

Civ. A. No. 80-1092.

505 F.Supp. 923 (1981)

Elmer S. BECK v. BOROUGH OF MANHEIM, J. Loverne Hiestand and John Winters.

United States District Court, E. D. Pennsylvania.

January 14, 1981.

Attorney(s) appearing for the Case

S. R. Zimmerman, III, Lancaster, Pa., for plaintiff.

J. Michael Flanagan, Lancaster, Pa., for defendants.

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

Although the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621 et seq. (ADEA), generally proscribes arbitrary discrimination based on age in employment practices, Oscar Mayer & Co. v. Evans, 441 U.S. 750, 99 S.Ct. 2066, 60 L.Ed.2d 609 (1979), the Act does allow employers to use age as a legitimate criterion "where age is a bona fide...

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