Legal Opinion

Harris S. McMANN, Appellant, v. UNITED AIR LINES, INC., Appellee

Court of Appeals for the Fourth Circuit

Decided October 1, 1976No. 75-2206PublishedCited by 40 opinions

1Opinion of the Court

WINTER, Circuit Judge:

This appeal presents a narrow issue: Does the Age Discrimination in Employment Act, 29 U.S.C. §§ 621, et seq., proscribe the retirement of an employee at age 60 when the retirement is brought about solely because of his membership in an employees’ retirement plan which contains a provision making retirement mandatory at that age and when the effective date of the retirement plan preceded the effective date of the Act? The answer to the question turns on whether a preexisting pension plan which requires retirement prior to age 65 falls within the exception contained in 29…

2Cases cited8 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Train v. Colorado Public Interest Research Group, Inc.Supreme Court of the United States · 1976
  3. Mrs. Lorena W. Weeks v. Southern Bell Telephone & Telegraph Company, Southern Bell Telephone & Telegraph Company v. Mrs. Lorena W. WeeksCourt of Appeals for the Fifth Circuit · 1969
  4. Brennan v. Taft Broadcasting Co.Court of Appeals for the Fifth Circuit · 1974
  5. Hodgson v. American Hardware Mutual Insurance Co.District Court, D. Minnesota · 1971

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3Cited by40 opinions

  1. United Air Lines, Inc. v. McMannSupreme Court of the United States · 1977
  2. Mason v. ListerCourt of Appeals for the Fifth Circuit · 1977
  3. Stanley ORZEL, Plaintiff-Appellee, v. CITY OF WAUWATOSA FIRE DEPARTMENT, Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1983
  4. 27 Fair empl.prac.cas. 1665, 28 Empl. Prac. Dec. P 32,423, 3 Employee Benefits Ca 1058 Equal Employment Opportunity Commission v. The Home Insurance CompanyCourt of Appeals for the Second Circuit · 1982
  5. William F. ZINGER, Appellant, v. Robert W. BLANCHETTE Et Al., AppelleesCourt of Appeals for the Third Circuit · 1977

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