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NATIONAL CASH REGISTER v. RINER

413 A.2d 890 (1979)

NATIONAL CASH REGISTER, Appellant, v. Gordon E. RINER et al., Appellee.

Superior Court of Delaware, Sussex County.

Decided December 4, 1979.

Attorney(s) appearing for the Case

David A. Copus, and Donald R. Crowell, II, of Pepper, Hamilton & Scheetz, Washington, D. C., David H. Williams, of Morris, James, Hitchens & Williams, Wilmington, for appellant.

Andrew J. Gowa, of Blank, Rome, Comisky & McCauley, Philadelphia, Pa., Michael J. Rich, of Dunlap, Holland, Eberly & Rich, Georgetown, for appellee.

Gary A. Bryde, Wilmington, for Equal Unemployment Review Bd.

OPINION

TEASE, Judge.

A preliminary legal question raised in this case is whether a Federal Court action filed by the U. S. Secretary of Labor under the Age Discrimination in Employment Act "supersedes" a state action that raised the same issue and had been concluded by the Delaware Equal Employment Review Board before the federal action was filed.

On September 15, 1976, after years of continuous employment...

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