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NESTOR v. QUAKER STATE COCA-COLA BOTTLING CO.

Civ. A. No. 82-842.

579 F.Supp. 289 (1984)

James L. NESTOR, Plaintiff, v. QUAKER STATE COCA-COLA BOTTLING COMPANY, a Pennsylvania corporation, Defendant.

United States District Court, W.D. Pennsylvania.

February 10, 1984.

Attorney(s) appearing for the Case

James R. Murphy, Donnelly & Associates, Detroit, Mich., Harry R. Ruprecht, Pittsburgh, Pa., for plaintiff.

Philip E. Beard, Stonecipher, Cummingham, Beard, & Schmitt, Thomas E. Lippard, Houston, Cohen, Harbaugh & Lippard, Pittsburgh, Pa., for defendant.

OPINION

COHILL, District Judge.

Presently before us is defendant's motion for summary judgment as to Counts II and III of the complaint, or, alternatively, to dismiss these counts for failure to state a claim. Count I of the Complaint alleges that plaintiff was terminated from his job because of his age, in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. ("ADEA"). Count II alleges a violation of the Pennsylvania...

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