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CARUSO v. PEAT, MARWICK, MITCHELL & CO.

No. 86 Civ. 3408 (JMW).

664 F.Supp. 144 (1987)

Conrad S. CARUSO, Plaintiff, v. PEAT, MARWICK, MITCHELL & CO., Defendant.

United States District Court, S.D. New York.

July 14, 1987.

Attorney(s) appearing for the Case

Judith P. Vladeck, Joseph J. Garcia and Laura S. Schnell, Vladeck, Waldman, Elias, & Engelhard, P.C., New York City, for plaintiff.

Robert L. Williams, Susan Anspach and Deborah Reik, E.E.O.C., New York City, for amicus curiae.

Thomas J. Kavaler, Samuel Estreicher and Neil W. Silberblatt, Cahill, Gordon & Reindel, New York City, for defendant.

OPINION

WALKER, District Judge:

INTRODUCTION

Plaintiff Conrad S. Caruso ("Caruso") has brought the instant age discrimination action against Defendant Peat, Marwick, Mitchell & Co. ("Peat Marwick"), his former employer. Defendant moves to dismiss, alleging that Caruso's status as a partner bars his invocation as an "employee" of the federal Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621, et seq.

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