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SMITH v. ZENECA INC.

Civ. A. No. 92-667 MMS.

820 F.Supp. 831 (1993)

Robert N. SMITH, Plaintiff, v. ZENECA INC., Defendant.

United States District Court, D. Delaware.

May 5, 1993.

Attorney(s) appearing for the Case

John J. Sullivan, Jr., of Schmittinger & Rodriguez, Dover, DE, for plaintiff.

Joseph C. Kelly, of ZENECA Inc., Wilmington, DE (Steven R. Wall and Catherine Reid, of Morgan, Lewis & Bockius, Philadelphia, PA, of counsel), for defendant.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

Defendant, ZENECA Inc., has moved to dismiss both counts of plaintiff Robert M. Smith's complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. D.I. 4.1 The first count of plaintiff's complaint alleges that defendant discriminated against plaintiff because of his age in violation of the Age Discrimination in Employment Act (ADEA). D.I. 1 at ¶¶ 19-23...

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