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WOLBER v. SERVICE CORP. INTERN.

No. CV-R-85-44-ECR.

612 F.Supp. 235 (1985)

Paul J. WOLBER, Plaintiff, v. SERVICE CORPORATION INTERNATIONAL, a Texas corporation, dba Ross, Burke & Knobel Mortuary; Douglas B. Miller, an individual, Defendants.

United States District Court, D. Nevada.

June 25, 1985.

Attorney(s) appearing for the Case

John N. Schroeder, Reno, Nev., for plaintiff.

Lionel Sawyer & Collins, Reno, Nev., for defendants.

MEMORANDUM DECISION AND ORDER

EDWARD C. REED, Jr., District Judge.

The defendants have moved to dismiss the complaint for failure to state a claim upon which relief can be granted (Fed.R. Civ.P. 12(b)(6)). They insist that the allegations of the pleading don't set forth the prima facie elements required for an Age Discrimination in Employment Act (ADEA) claim for relief.

The particular allegations of the complaint that must be considered in deciding...

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