OTT v. MIDLAND-ROSS CORPORATION

No. 75-1388.

523 F.2d 1367 (1975)

Arthur D. OTT, Plaintiff-Appellant, v. MIDLAND-ROSS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 1, 1975.


Attorney(s) appearing for the Case

William E. Armstrong, Hesser, McGraw, Armstrong & Higgins, Cleveland, Ohio, Lester H. Needham, Jr., Mentor, Ohio, for plaintiff-appellant.

George J. Moscarino, Jones, Day, Cockley & Reavis, Cleveland, Ohio, for defendant-appellee.

Before WEICK and ENGEL, Circuit Judges, and CECIL, Senior Circuit Judge.


WEICK, Circuit Judge.

Ott has appealed from an order of the District Court granting defendant, Midland-Ross Corporation's motion to dismiss his claim under the Age Discrimination Act, 29 U.S.C. § 621 et seq. The court held that Ott, by his own admission, had waived the rights which the Act protects. The court further held that it was without jurisdiction over Ott's alternative pendant claim of fraud and breach of contract.

Count I of the complaint...

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