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LARSON v. AMERICAN WHEEL AND BRAKE, INC.

No. 79-1149.

610 F.2d 506 (1979)

Melvin LARSON, Appellant, v. AMERICAN WHEEL AND BRAKE, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 4, 1979.

Attorney(s) appearing for the Case

Roger James Minch, Tenneson, Serkland, Lundberg, Erickson, Leclerc & Marcil, Fargo, N. D., argued, Frederick D. Kraemer and Jack G. Marcil, Fargo, N. D., on brief, for appellant.

Maurice G. McCormick, Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, N. D., argued, Beryl J. Levine, Fargo, N. D., on brief, for appellee.

Before STEPHENSON and McMILLIAN, Circuit Judges, and HANSON, Senior District Judge.

STEPHENSON, Circuit Judge.

The issues presented in this appeal are (1) whether the time limitation requirement for the Notice of Intent to Sue under the Age Discrimination Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et seq., is a statute of limitations and thus subject to equitable tolling principles or a jurisdictional prerequisite and thus not subject to such principles, and (2) if the circumstances in this case...

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