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LESS v. NESTLÉ CO., INC.

No. CIV-86-1025C.

705 F.Supp. 110 (1988)

Wesley F. LESS, Plaintiff, v. The NESTLÉ COMPANY, INC., Defendant.

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

November 29, 1988.

Attorney(s) appearing for the Case

Kinney, Buch, Mattrey & Marshall (Phillip M. Marshall, of counsel), Buffalo, N.Y., for plaintiff.

Schmeltzer, Aptaker & Sheppard, P.C. (Ira Michael Sheppard and Paul Monroe Heylman, of counsel), Washington, D.C., and Phillips, Lytle, Blaine, Hitchcock & Huber (Michael R. Moravec, of counsel), Buffalo, N.Y., for defendant.

CURTIN, District Judge.

Plaintiff brings this claim for employment discrimination pursuant to the Age Discrimination in Employment Act [ADEA], 29 U.S.C. §§ 621-634. Specifically, plaintiff claims that defendant, the Nestle Company, Inc., violated the ADEA by (1) demoting him in 1981; (2) denying him several promotions during the period from 1983 through 1985; and (3) discouraging him from remaining with Nestle, thus constituting constructive discharge. Pending...

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