FITZGERALD v. NEW ENGLAND TEL. & TEL. CO.

Civ A. No. 75-1598-S.

437 F.Supp. 635 (1977)

John H. FITZGERALD, Plaintiff, v. NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY, Defendant.

United States District Court, D. Massachusetts.

September 20, 1977.


Attorney(s) appearing for the Case

Rya W. Zobel, Arthur L. Stevenson, Jr., Goodwin, Procter & Hoar, Boston, Mass., for plaintiff.

William J. McDonald, Edward R. Lev, Sullivan & Worcester, Boston, Mass., for defendant.


MEMORANDUM AND ORDER

SKINNER, District Judge.

The roller coaster career of this case has taken another and I believe final turn. This is an action under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621-634. All of the proceedings have been on the defendant's motion for summary judgment based upon the plaintiff's failure to comply with the applicable statute of limitations. The history of the litigation is as follows:

On July...

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