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NEWCOMER v. INTERNATIONAL BUSINESS MACHINES CORPORATION

No. 78-3442 Summary Calendar.

598 F.2d 968 (1979)

Joseph B. NEWCOMER, Plaintiff-Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 12, 1979.

Attorney(s) appearing for the Case

John W. Gibson, Fred L. Lester, Jr., Atlanta, Ga., for plaintiff-appellant.

King & Spalding, Charles L. Gowen, William A. Clineburg, Jr., L. Joseph Loveland, Jr., Atlanta, Ga., for defendant-appellee.

Before AINSWORTH, GODBOLD and VANCE, Circuit Judges.

PER CURIAM:

Newcomer filed an age discrimination suit. Summary judgment was granted for IBM on the ground that Newcomer had failed to satisfy the notice requirements of 29 U.S.C. § 626(d)(1).

In 1975, when Newcomer first wrote the Department of Labor, § 626(d)(1) provided that one could not file a civil action until he had given the Secretary 60 days' notice, filed within 180 days after the alleged unlawful practice occurred. At no time did he file...

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