Legal Opinion

Burns v. Equitable Life Assurance Society

Court of Appeals for the Second Circuit

Decided December 9, 1982No. 208, Docket 82-7372PublishedCited by 3 opinions

1Opinion of the Court

NEWMAN, Circuit Judge:

Equitable Life Assurance Society of the United States (Equitable) appeals from two orders of the District Court for the Southern District of New York (Morris E. Lasker, Judge) denying Equitable’s motions to dismiss private suits filed under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634 (1976). 530 F.Supp. 768 (S.D.N.Y.1982). Equitable contended that the private suits were preempted by a later action brought by the Equal Employment Opportunity Commission (EEOC). We agree with Judge Lasker that the private suits have not been preempted and affirm…

2Cases cited4 opinions

  1. Lorillard v. PonsSupreme Court of the United States · 1978
  2. 7 Fair empl.prac.cas. 177, 7 Fair empl.prac.cas. 664, 7 Empl. Prac. Dec. P 9169, 7 Empl. Prac. Dec. P 9225 Equal Employment Opportunity Commission v. Missouri Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 1974
  3. Equal Employment Opportunity Commission v. Pacific Press Publishing Ass'nCourt of Appeals for the Ninth Circuit · 1976
  4. Burns v. Equitable Life Assurance Society of the United StatesDistrict Court, S.D. New York · 1982

3Cited by3 opinions

  1. Equal Employment Opportunity Commission and Pennsylvania Human Relations Commission v. United States Steel CorporationCourt of Appeals for the Third Circuit · 1990
  2. 30 Fair empl.prac.cas. 873, 30 Empl. Prac. Dec. P 33,214 Kay Burns v. The Equitable Life Assurance Society of the United States, Eugene J. Goss v. The Equitable Life Assurance Society of the United StatesCourt of Appeals for the Second Circuit · 1982
  3. Equal Employment Opportunity Commission v. Harris Chernin, Inc.District Court, N.D. Illinois · 1991

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