E.E.O.C. v. KIDDER, PEABODY & CO., INC.

No. 97-6316.

156 F.3d 298 (1998)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. KIDDER, PEABODY & COMPANY, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 28, 1998.


Attorney(s) appearing for the Case

Barbara L. Sloan, U.S. Equal Employment Opportunity Commission, Washington, DC (C. Gregory Stewart, General Counsel, Lorraine C. Davis, Associate General Counsel (Acting), Vincent J. Blackwood, Assistant General Counsel, Paul D. Ramshaw, U.S. Equal Employment Opportunity Commission, Washington, DC, on the brief, Delner Franklin-Thomas, U.S. Equal Employment Opportunity Commission, New York City, of counsel), for Plaintiff-Appellant.

Mark S. Dichter, Philadelphia, PA (Morgan, Lewis & Bockius LLP, Philadelphia, PA, George A. Stohner, Michael A. Putetti, Rene M. Johnson, Morgan, Lewis & Bockius LLP, New York City, of counsel), for Defendant-Appellee.

(Jody E. Forchheimer, Richelle S. Kennedy, Bingham Dana LLP, Boston, MA, on the brief and of counsel, Stuart J. Kaswell, Fredda L. Plesser, Office of General Counsel, Securities Industry Association, New York City, of counsel), for Amicus Curiae The Securities Industry Association.

(Ann Elizabeth Reesman, Erin Quinn Gery, McGuiness & Williams, Washington, DC, on the brief and of counsel), for Amicus Curiae Equal Employment Advisory Council.

(William L. Kandel, Rene Kathawala, Orrick, Herrington & Sutcliffe LLP, New York City, on the brief and of counsel, Stephen A. Bokat, Robin S. Conrad, Sussan L. Mahallati, National Chamber Litigation Center, Inc., Washington, DC, of counsel), for Amicus Curiae The Chamber of Commerce of The United States.

Before: FEINBERG, PARKER and PHILLIPS, Circuit Judges.


PARKER, Circuit Judge:

The Equal Employment Opportunity Commission ("EEOC") appeals from the judgment of the United States District Court for the Southern District of New York (John E. Sprizzo, Judge) entered October 6, 1997 dismissing pursuant to Federal Rule of Civil Procedure 12(b)(6) the EEOC's action against defendant-appellee Kidder, Peabody & Company ("Kidder") under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621. Because...

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