Legal Opinion

Darold L. Rutland v. Mike Moore, Attorney General of the State of Mississippi

Court of Appeals for the Fifth Circuit

Decided May 25, 1995No. 94-60375PublishedCited by 20 opinions

1Opinion of the Court

RHESA HAWKINS BARKSDALE, Circuit Judge:

At issue is whether, under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. (ADEA), Darold L. Rut-land’s putative employment as a special assistant attorney general for the Attorney General of the State of Mississippi fell under one of the exemptions to the ADEA’s definition of “employee”, id. § 630(f), so that his termination could not be violative of the ADEA. Pursuant to the § 630(f) exemption for immediate legal advisers, we AFFIRM.

I

For the vast majority of his pre-termi-nation legal career, Rutland was an attorney for…

2Cases cited13 opinions

  1. Little v. Liquid Air Corp.Court of Appeals for the Fifth Circuit · 1994
  2. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  3. Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988
  4. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  5. Rivers v. Roadway Express, Inc.Supreme Court of the United States · 1994

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3Cited by20 opinions

  1. Kelley v. City of AlbuquerqueCourt of Appeals for the Tenth Circuit · 2008
  2. Evans v. Texas Department of TransportationDistrict Court, E.D. Texas · 2007
  3. Jill M. Crumpacker v. State of Kansas, Department of Human ResourcesCourt of Appeals for the Tenth Circuit · 2007
  4. Margolies v. DeasonCourt of Appeals for the Fifth Circuit · 2006
  5. Schallop v. New York State Department of LawDistrict Court, N.D. New York · 1998

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