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OTT v. MIDLAND-ROSS CORP.

No. 77-3118.

600 F.2d 24 (1979)

Arthur D. OTT, Plaintiff-Appellant, v. MIDLAND-ROSS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 4, 1979.

Attorney(s) appearing for the Case

William E. Armstrong, Hesser, McGraw & Armstrong Co., Cleveland, Ohio, Lester H. Needham, Jr., Mentor, Ohio, for plaintiff-appellant.

George J. Moscarino, Jones, Day, Reavis & Pogue, Bruce J. Havighurst, Cleveland, Ohio, for defendant-appellee.

Before WEICK, ENGEL and MERRITT, Circuit Judges.

ENGEL, Circuit Judge.

This case, arising under the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-34 (1976), as amended by Pub.L.No. 95-256, 92 Stat. 189 (1978), is once more before us following an earlier remand by our court. In Ott v. Midland-Ross Corp., 523 F.2d 1367 (6th Cir. 1975), we reinstated Ott's complaint after the district court had ordered it dismissed pursuant to Rule 12(b)(6), Fed.R.Civ.P. The...

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