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PACK v. O'QUINN

Civ. A. No. 89-272.

747 F.Supp. 358 (1990)

Clara PACK, Plaintiff, v. Ralph O'QUINN, et al., Defendants.

United States District Court, E.D. Kentucky, at Pikeville.

April 3, 1990.

Attorney(s) appearing for the Case

Ned Pillersdorf, Pillersdorf & DeRossette, Prestonsburg, Ky., Phillip J. Shepherd (co-counsel), Shepherd & Childers, Frankfort, Ky., for plaintiff.

F.C. Bryan, Bryan, Fogle & Chenoweth, Mt. Sterling, Ky., for defendants.

MEMORANDUM OPINION AND ORDER

FORESTER, District Judge.

This matter is before the Court on the motion of defendants to dismiss this action for failure to state a claim. The plaintiff has filed a response objecting to the motion. The motion concerns the availability of a state law remedy for breach of contract and its effect on the maintenance of this federal action for age discrimination.

FACTUAL BACKGROUND

The plaintiff is a 75 year old...

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