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SIMPSON v. WHIRLPOOL CORP.

No. 76-2195.

604 F.2d 997 (1979)

Lewis SIMPSON, Plaintiff-Appellant, v. WHIRLPOOL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

August 30, 1979.

Attorney(s) appearing for the Case

James F. Clay, Sr., Clay & Clay, Danville, Ky., for plaintiff-appellant.

Ben L. Kessinger, Jr., Harbison, Kessinger, Lisle & Bush, Lexington, Ky., Charles J. Griffin, Seyfarth, Shaw, Fairweather & Geraldson, Ronald J. Hein, Jr., Chicago, Ill, for defendant-appellee.

Before CELEBREZZE, ENGEL and KEITH, Circuit Judges.

PER CURIAM.

This court held in Simpson v. Whirlpool Corp., 573 F.2d 957 (6th Cir. 1978), that prior resort to an available state agency was not required by 29 U.S.C. § 633(b) as a prerequisite to a federal ADEA action. We relied upon our holding to that effect in Gabriele v. Chrysler Corp., 573 F.2d 949 (6th Cir. 1978), vacated and remanded ___ U.S. ___, 99 S.Ct. 2819, 61...

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