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E.E.O.C. v. MISSISSIPPI STATE TAX COM'N

No. 87-4659.

873 F.2d 97 (1989)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. MISSISSIPPI STATE TAX COMMISSION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 22, 1989.

Attorney(s) appearing for the Case

Peggy R. Mastroianni, Atty., Charles A. Shanor, Gen. Counsel, E.E.O.C., Washington, D.C., for plaintiff-appellant.

John T. Kitchens, Asst. Atty. Gen., Richard D. Mitchell, Sp. Asst. Atty. Gen., Bobby R. Long, Chief Atty., Miss. State Tax Com'n, Edwin Lloyd Pittman, Atty. Gen., Jackson, Miss., for defendant-appellee.

Before CLARK, Chief Judge, GOLDBERG, GEE, RUBIN, REAVLEY, POLITZ, KING, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH and DUHE, Circuit Judges.

REAVLEY, Circuit Judge:

The Equal Employment Opportunity Commission (EEOC) challenges the mandatory retirement at age 60 of Mississippi State Tax Commission scales enforcement officers. The district court found age to be a bona fide occupational qualification, justifying the mandatory retirement state law1 within the Age Discrimination in Employment Act.2 The work of these officers who enforce Mississippi revenue...

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