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FRANK v. CAPITAL CITIES COMMUNICATIONS, INC.

No. 80 Civ. 2188 (CSH).

689 F.Supp. 334 (1988)

Bernard FRANK, John Pareti and Martin Kessler, Plaintiffs, v. CAPITAL CITIES COMMUNICATIONS, INC., Capital Cities Media, Inc. and Fairchild Publications, Defendants. Grant B. SOUTHWARD, Plaintiff, v. CAPITAL CITIES COMMUNICATIONS, INC., Capital Cities Media, Inc. and Fairchild Publications, Defendants.

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

July 18, 1988.

Attorney(s) appearing for the Case

Beldock Levine & Hoffman, New York City, for plaintiff; Melvin L. Wulf, of counsel.

Satterlee Stephens Burke & Burke, New York City, for defendants; Henry J. Forman, Daniel Baurkot, of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

Defendants in this action brought under the Age Discrimination in Employment Act move to dismiss the claim of plaintiff Grant B. Southward. The issue is whether res judicata bars Southward's claim by reason of the adverse, unreviewed decision of a state agency.

Background

The original plaintiffs commenced this action pursuant to the Age Discrimination in Employment Act ("ADEA"...

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