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SMITH v. JOS. SCHLITZ BREWING CO.

No. 77-1745.

584 F.2d 1231 (1978)

Robert E. SMITH, Appellant, v. JOS. SCHLITZ BREWING COMPANY.

United States Court of Appeals, Third Circuit.

Decided July 14, 1978.

Attorney(s) appearing for the Case

Robert E. Smith, pro se.

Garrett E. Brown, Jr., Newark, N. J. (Stryker, Tams & Dill, Newark, N. J., of counsel), Rody P. Biggert, Thomas P. Gies, Chicago, Ill., (Seyfarth, Shaw, Fairweather & Geraldson, Chicago, Ill., of counsel), for appellee Jos. Schlitz Brewing Co.

Carin Ann Clauss, Sol. of Labor, Donald S. Shire, Associate Sol., Lois G. Williams, Kerry L. Adams, Attys., U. S. Dept. of Labor, Washington, D. C., Francis V. LaRuffa, Regional Sol., New York City, for Secretary of Labor as amicus curiae.

Before SEITZ, Chief Judge, and ROSENN and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

Again, we are presented with an appeal involving an employee's failure to resort to state age discrimination remedies before instituting federal suit under the Age Discrimination in Employment Act of 1967 (ADEA).1 Our court in Goger v. H. K. Porter Co., Inc., 492 F.2d 13 (3d Cir. 1974), had previously required that resort must first be had to...

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