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QUINA v. OWENS-CORNING FIBERGLAS CORP.

No. 77-1357. Summary Calendar.

575 F.2d 1115 (1978)

George P. QUINA (Anne R. Quina, as personal representative of the Estate of George P. Quina, substituted in place and stead of George P. Quina, Deceased), Plaintiff-Appellant, v. OWENS-CORNING FIBERGLAS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 17, 1978.

Attorney(s) appearing for the Case

Brock B. Gordon, Wade B. Perry, Jr., Mobile, Ala., for plaintiff-appellant.

Edward Katze, Atlanta, Ga., Chris Mitchell, Birmingham, Ala., for defendant-appellee.

Before BROWN, Chief Judge, and COLEMAN and VANCE, Circuit Judges.

JOHN R. BROWN, Chief Judge:

On August 18, 1976, George Quina, then age 45, filed suit against Owens-Corning Fiberglas Corp. (OCFC) pursuant to the Age Discrimination in Employment Act, 29 U.S.C.A. § 621 et seq. (ADEA). The complaint alleged that Quina had been unlawfully discharged on June 30, 1975 because of age and that he had given the Secretary of Labor notice of his intent to sue on June 16, 1976, within...

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