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CONE v. LONGMONT UNITED HOSP. ASS'N

Civ. A. No. 90-B-1831.

797 F.Supp. 868 (1992)

Sharon CONE, Plaintiff, v. LONGMONT UNITED HOSPITAL ASSOCIATION, Defendant.

United States District Court, D. Colorado.

September 3, 1992.

Attorney(s) appearing for the Case

Darold W. Killmer, Lynn D. Feiger, Feiger, Collison & Killmer, Denver, Colo., for plaintiff.

Brett Marshall Godfrey, Gallo & Godfrey, Denver, Colo., for defendant.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Defendant moves for summary judgment, contending that as a matter of law plaintiff was not "discharged" within the meaning of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621, et seq. The issue is adequately briefed and oral argument will not materially aid its resolution. Because plaintiff voluntarily took a leave of absence knowing that her position would be filled, she was...

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