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DARTT v. SHELL OIL CO.

No. 75-1277.

539 F.2d 1256 (1976)

Anne M. DARTT, Plaintiff-Appellant, v. SHELL OIL COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided July 22, 1976.

Rehearing Denied August 19, 1976.

Attorney(s) appearing for the Case

Jefferson G. Greer of Greer & Greer, Tulsa, Okl., on the brief, for appellant.

Mary T. Matthies of Kothe, Nichols & Wolfe, Tulsa, Okl., for appellee.

Jacob I. Karro, Washington, D. C. (William J. Kilberg, Sol. of Labor, Carin Ann Clauss, Associate Sol., Sylvia S. Ellison, Paul D. Brenner, Washington, D. C., and Ronald M. Gaswirth, Regional Sol., Dallas, Tex., of counsel, on the brief), for The Secretary of Labor as amicus curiae.

Before LEWIS, Chief Judge, and BREITENSTEIN and BARRETT, Circuit Judges.

LEWIS, Chief Judge.

Mrs. Anne M. Dartt sued the defendant Shell Oil Company alleging violations of the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. §§ 621 et seq., and the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq. The trial court dismissed Dartt's action for lack of subject matter jurisdiction because of Dartt's failure to file her notice of intent to sue within the 180-day period as required under...

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