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DAVIS v. RJR FOODS, INC.

No. 75 Civ. 4862.

420 F.Supp. 930 (1976)

John D. DAVIS, Plaintiff, v. RJR FOODS, INC., Defendant.

United States District Court, S. D. New York.

October 8, 1976.

Attorney(s) appearing for the Case

Colman & Liner, New York City, for plaintiff; Leon Liner, New York City, of counsel.

Davis, Polk & Wardwell, New York City, for defendant; James W. B. Benkard, Sheila T. McMeen, New York City, of counsel.

MEMORANDUM

LASKER, District Judge.

John D. Davis brings this action against RJR Foods, Inc., alleging unlawful age discrimination in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. Defendant moves to dismiss the complaint pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction.

Davis alleges that he was discharged from his executive position as brands...

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