MEMORANDUM OPINION AND ORDER
ASPEN, District Judge:
Plaintiff Carl Rittmeyer brings this one count complaint against defendant Advance Bancorp, Inc. ("Bancorp"), alleging violation of the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. §§ 621-634. Presently before us is defendant's motion to dismiss or in the alternative for summary judgment. For the reasons set forth below, Bancorp's motion to dismiss is granted.
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