OPINION
DAVID S. PORTER, Senior District Judge:
This is an action brought pursuant to the Age Discrimination in Employment Act [ADEA]. 29 U.S.C. §§ 621-634. Now before us is defendant's motion to dismiss for lack of subject matter jurisdiction and for summary judgment (doc. 8). Fed.R.Civ.P. 12(d), 56. Defendant claims that plaintiff did not file notice with the government of his intent to sue defendant within 180 days of the alleged discriminatory...
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