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  5. 857 F.Supp. 1233 (1994)
 

E.E.O.C. v. SEARS, ROEBUCK AND CO.

No. 93 C 7132.

857 F.Supp. 1233 (1994)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. SEARS, ROEBUCK AND CO., Defendant.

United States District Court, N.D. Illinois, Eastern Division.

July 7, 1994.

Attorney(s) appearing for the Case

Sharon Ann Seeley, John C. Hendrickson, Laura Todd Johnson, Gregory M. Gochanour, E.E.O.C., Chicago, IL, for plaintiff.

Donald James Spero, Michael A. Stiegel, Paul Ely Starkman, Vito P. LoVerde, Arnstein & Lehr, Chicago, IL, for defendant.

Thomas William Osborne, American Ass'n of Retired Persons, Washington, DC, for American Ass'n of Retired Persons, amicus.

MEMORANDUM OPINION AND ORDER

PLUNKETT, District Judge.

This case presents an interesting and rather challenging issue: whether an employer's termination program which conditions severance benefits on a waiver of an employee's rights and claims that is not "knowing and voluntary" within the meaning of 29 U.S.C. § 626(f)(1) is unlawful and actionable under section 4 of the Age Discrimination in Employment...

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