NOTO v. JFD ELECTRONICS CORP.

No. 77-0023-CIV-5.

446 F.Supp. 92 (1978)

Salvatore NOTO, Plaintiff, v. JFD ELECTRONICS CORPORATION, Defendant.

United States District Court, E. D. North Carolina, Raleigh Division.

February 13, 1978.


Attorney(s) appearing for the Case

Jean Wilson, Wilson & Mercer, Durham, N.C., for plaintiff.

Robert Spearman & Nancy Bentson Essex, Sanford, Cannon, Adams & McCullough, Raleigh, N.C., for defendant.


ORDER

DUPREE, District Judge.

This age discrimination action is before the court on defendant's motion to dismiss based on plaintiff's alleged failure to comply with the administrative notice provision of 29 U.S.C. § 626(d)(1). For purposes of the motion, the facts are as follows: Plaintiff was given notice of termination by defendant on February 7, 1975, and worked his last day on that date. Defendant used this date to compute plaintiff's accrued severance...

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