RULING ON MOTION TO DISMISS AND PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT
THOMPSON, District Judge.
I. BACKGROUND
The plaintiff, Fred Suhy (hereinafter "Suhy"), brings this action individually and on behalf of all others similarly situated pursuant to the Age Discrimination in Employment Act (hereinafter "ADEA"), 29 U.S.C. § 621 et seq., as amended by the Older Workers Benefit Protection Act of 1990...
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