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CAPLINGER v. MARSH

No. 89-0043C(6).

761 F.Supp. 670 (1991)

Donald L. CAPLINGER, Plaintiff, v. John O. MARSH, Jr., Secretary of the Army, Defendant.

United States District Court, E.D. Missouri, E.D.

April 2, 1991.

Attorney(s) appearing for the Case

Lisa Ann Green, St. Louis, Mo., for plaintiff.

Henry Fredericks, Asst. U.S. Atty., St. Louis, Mo., for defendant.

MEMORANDUM

GUNN, District Judge.

This matter is before the Court on defendant's motion to dismiss or in the alternative for summary judgment. Plaintiff, Donald L. Caplinger, brings this action pursuant to the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 633a, alleging that he was not selected for a position as a computer programmer due to his age. The defendant contends that plaintiff's complaint should be dismissed for failure to exhaust...

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