Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

POPKO v. CITY OF CLAIRTON

August 22, 1983

MICHAEL H. POPKO, Plaintiff,
v.
CITY OF CLAIRTON, Defendant; JOSEPH J. MAYZEL, Plaintiff, v. CITY OF CLAIRTON, Defendant



The opinion of the court was delivered by: MANSMANN

 This matter is before the Court on Motions for Summary Judgment filed by Plaintiffs Michael H. Popko and Joseph J. Mayzel as well as by Defendant City of Clairton ("Clairton"). *fn1" Plaintiffs are firefighters who were allegedly "laid-off" in contravention of federal law prohibiting age discrimination. For the reasons set forth below, we hereby grant Plaintiffs' Motions and deny Defendant's Motions.

 * * *

 FACTS

 Both Plaintiffs in these actions were formerly firefighters employed by the City of Clairton. In early 1982, Clairton initiated a reduction-in-force for budgetary reasons. Selections for the reduction-in-force were made pursuant to § 11 of the Pennsylvania Third Class City Firemen's Civil Service Code ("Code"), as amended, 53 P.S. § 39871. *fn2"

 Plaintiffs Popko and Mayzel were among those selected for the reduction-in-force. Mr. Popko was 57 years old when he was laid-off; Mr. Mayzel was about 50 or 51 years old at the time he was laid-off. Both Plaintiffs were chosen for the reduction because of and in accordance with § 11 of the Pennsylvania Third Class Firemen's Civil Service Code, as amended, 53 P.S. § 39871.

 Plaintiffs filed the present action *fn3" alleging that their selection constitutes age discrimination prohibited by the Federal Age Discrimination in Employment Act ("ADEA" or "Act"), as amended, 29 U.S.C. § 623(a) and (f)(2). *fn4"

 Both Plaintiffs have moved for summary judgment, alleging that their selection for the reduction-in-force, mandated by the criteria set forth in 53 P.S. § 39871, violates the ADEA as a matter of law.

 Defendant has also moved for summary judgment, contending that its actions do not violate the ADEA because the reduction was conducted for budgetary reasons and the selections were based upon eligibility for pension. *fn5"

 * * *

 Under Fed.R.Civ.P. 56(c), summary judgment may be entered only "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." The Court of Appeals for the Third Circuit has made clear that any doubts as to the existence of genuine issues of fact are to be resolved against the moving parties. Continental Ins. Co. v. Bodie, 682 F.2d 436, 438 (3d Cir. 1982); Hollinger v. Wagner Mining Equipment Co., 667 F.2d 402, 405 (3d Cir. 1981). Further, the facts and the inferences to be drawn from the facts must be viewed in the light most favorable to the party opposing the motion. Continental Ins. Co. v. Bodie, supra at 438; Betz Laboratories, Inc. v. Hines, 647 F.2d 402, 404 (3d Cir. 1981).

 Cross-motions for summary judgment are no more than a claim by each side that it alone is entitled to summary judgment. Rains v. Cascade Industries, Inc., 402 F.2d 241, 245 (3d Cir. 1968). "(A) party moving for summary judgment concedes the absence of a factual issue and the truth of the non-moving party's allegations only for purposes of his own motion." 10A Wright, Miller and Kane, FEDERAL PRACTICE AND PROCEDURE § 2720 at 20 (1983). If, however, there is no genuine factual issue and one or the other party is entitled to prevail as a matter of law, summary judgment is appropriate. Id. at 25.

 In the consolidated cases before us, both sides agree and the record reflects that there are no genuine factual issues and that the only question presented is one of law. *fn6" ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.