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JOHNSON v. MAYOR & CITY COUNCIL OF BALTIMORE

No. 84-518.

472 U.S. 353 (1985)

105 S.Ct. 2717

86 L.Ed.2d 286

JOHNSON ET AL. v. MAYOR AND CITY COUNCIL OF BALTIMORE ET AL.

Supreme Court of United States.

Decided June 17, 1985

Attorney(s) appearing for the Case

Solicitor General Lee argued the cause for petitioners in both cases. With him on the briefs for petitioner in No. 84-710 were Deputy Solicitor General Wallace, Alan I. Horowitz, Johnny J. Butler, and Vella M. Fink. William H. Engelman, Harriet E. Cooperman, and Paul D. Bekman filed a brief for petitioners in No. 84-518.

L. William Gawlik argued the cause for respondents in both cases. With him on the brief were Benjamin L. Brown and Ambrose T. Hartman.†

JUSTICE MARSHALL delivered the opinion of the Court.

The issue is whether a federal statute generally requiring federal firefighters to retire at age 55 establishes, as a matter of law, that age 55 is a bona fide occupational qualification (BFOQ) for nonfederal firefighters within the meaning of the Age Discrimination in Employment Act of 1967, 81 Stat. 602, as amended, 29 U. S. C. § 621 et seq. (ADEA or Act)...

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