EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Appellant, v. CORRY JAMESTOWN CORP.

OPINION OF THE COURT

RE, Chief Judge.

In this age discrimination case, plaintiff-appellant, the Equal Employment Opportunity Commission, suing on behalf of John Downey and others for backpay, damages, and injunctive relief, appeals from an order of the United States District Court for the Western District of Pennsylvania which denied its demand for a jury trial. The appeal followed a full bench trial on the merits that resulted in a judgment for defendant-appellee, the Corry Jamestown Corporation.

The question presented on this appeal is whether the Commission has a right to a jury trial when it…