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CLARK v. WEST CHEMICAL PRODUCTS, INC.

No. 77-1137 Summary Calendar.

557 F.2d 1155 (1977)

J. B. CLARK, on behalf of himself and similarly situated persons, Plaintiff-Appellant, v. WEST CHEMICAL PRODUCTS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 19, 1977.

Attorney(s) appearing for the Case

R. Gordon Pate, Birmingham, Ala., for plaintiff-appellant.

D. Frank Davis, Birmingham, Ala., for defendant-appellee.

Before AINSWORTH, MORGAN and GEE, Circuit Judges.

PER CURIAM:

Appellant J. B. Clark, a former employee of appellee West Chemical Products, brought this action against West under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. The district judge found that Clark filed the requisite notice of intention to bring the action with the Secretary of Labor one day after the running of the statutory notice period, and granted West summary judgment dismissing the suit. We vacate the summary judgment...

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