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KEPHART v. INSTITUTE OF GAS TECHNOLOGY

No. 77-2055.

581 F.2d 1287 (1978)

Wilbur L. KEPHART, Plaintiff-Appellant, v. INSTITUTE OF GAS TECHNOLOGY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 24, 1978.

Attorney(s) appearing for the Case

Arthur W. Friedman, Chicago, Ill., for plaintiff-appellant.

James W. Gladden, Jr., Chicago, Ill., for defendant-appellee.

Paul D. Brenner, U. S. Dept. of Labor, amicus curiae.

Before FAIRCHILD, Chief Circuit Judge, CUMMINGS and BAUER, Circuit Judges.

BAUER, Circuit Judge.

The central issue presented in this appeal is whether the 180-day notice requirement of the Age Discrimination in Employment Act may be tolled on equitable grounds. We hold that it may.

I.

On July 15, 1976, Wilbur Kephart commenced an action against the Institute of Gas Technology, alleging that he had been discharged by IGT in violation of the Age Discrimination in Employment Act of 1967. The district court found, however,...

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