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McCLINTON v. ALABAMA BY-PRODUCTS CORP.

Civ. A. No. 82-G-0570-S.

574 F.Supp. 43 (1983)

Joel T. McCLINTON, Plaintiff, v. ALABAMA BY-PRODUCTS CORPORATION and Ralph Stuckey, Defendants.

United States District Court, N.D. Alabama, S.D.

September 1, 1983.

Attorney(s) appearing for the Case

James C. King, Wilson & King, Jasper, Ala., for plaintiff.

William F. Gardner and David Smith, Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, Ala., for defendants.

MEMORANDUM OPINION

GUIN, District Judge.

In this age discrimination action, plaintiff Joel T. McClinton asserts a claim against defendants Alabama By-Products Corporation and Ralph Stuckey under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq. This cause is presently before the court on defendants' motion to dismiss, which the court elects to treat as a motion for summary judgment.

On January 31, 1981, plaintiff...

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