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POTTER v. CONTINENTAL TRAILWAYS, INC.

Civ. A. No. 76-K-1018.

480 F.Supp. 207 (1979)

Harold D. POTTER, Plaintiff, v. CONTINENTAL TRAILWAYS, INC., an Illinois Corporation, Defendant.

United States District Court, D. Colorado.

November 19, 1979.

Attorney(s) appearing for the Case

Terrance R. Kelly, Kelly, Haglund, Garnsey & Kahn, Denver, Colo., for plaintiff.

Barry D. Roseman, Edward H. Sherman, P. C., Denver, Colo., for defendant.

ORDER

KANE, Judge.

Potter seeks relief from Continental Trailway's alleged violation of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. Continental has moved to dismiss, or in the alternative, for summary judgment on the grounds that Potter failed to comply with the requirements of 29 U.S.C. § 626(d)(1) and to join an indispensable party whose joinder is not feasible.

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