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EPTER v. NEW YORK CITY TRANSIT AUTHORITY

Civil Action No.99-CV-3050(DGT).

127 F.Supp.2d 384 (2001)

Jack EPTER, Plaintiff, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant.

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

January 31, 2001.

Attorney(s) appearing for the Case

Robert Walter Ottinger, Jr., Jersey City, NJ, for plaintiff.

Joyce Rachel Ellman, New York City Transit Authority, Brooklyn, NY, for defendant.

MEMORANDUM AND ORDER

TRAGER, District Judge.

Plaintiff Jack Epter sued the New York City Transit Authority ("TA") for a violation of the ADEA after the TA failed to promote him to the rank of Station Supervisor, Level I on the heels of his refusal to submit to an EKG test that the TA administered to those applicants for the position exhibiting risk factors and all applicants for the position over the age of forty. Both Epter and the TA now move for...

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