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LUCENTE v. INTERNATIONAL BUSINESS MACHINES CORP.

No. 99 Civ. 3987(CM).

75 F.Supp.2d 169 (1999)

Edward E. LUCENTE, Plaintiff, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant.

United States District Court, S.D. New York.

November 2, 1999.

Attorney(s) appearing for the Case

David Quittmeyer, Hand, Arendall, Mobile, AL, Douglas L. McCoy, Hand Arendall, L.L.C., Mobile, AL, for Edward E. Lucente, plaintiff.

Peter T. Barbur, Cravath, Swaine & Moore, New York City, for I.B.M, defendant.

MEMORANDUM DECISION AND ORDER DENYING IBM'S MOTION FOR JUDGMENT ON THE PLEADINGS EXCEPT AS TO ITS SECOND COUNTERCLAIM

McMAHON, District Judge.

In February 1991, plaintiff Edward Lucente, the President of the Asia Pacific Operation of defendant IBM, "retired" after 30 years employment at IBM. (I place the verb in quotation marks because Mr. Lucente's retirement may have been involuntary and in lieu of his being otherwise terminated.) At the time Mr. Lucente...

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