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DAVIS v. CALGON CORP.

No. 79-2606.

627 F.2d 674 (1980)

Lawrence E. DAVIS, Appellant, v. CALGON CORPORATION, a corporation.

United States Court of Appeals, Third Circuit.

Panel Rehearing Granted July 1, 1980.

Resubmitted July 8, 1980.

Decided August 1, 1980.

Attorney(s) appearing for the Case

Paul H. Titus (argued), Bernard D. Marcus, Estelle F. Comay, Titus & Marcus, Pittsburgh, Pa. for appellant.

Edward N. Stoner II (argued), Robert E. Sheeder, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for appellee.

Leroy D. Clark, Gen. Counsel, Joseph T. Eddins, Jr., Associate Gen. Counsel, Lutz Alexander Prager, Atty., E.E.O.C., Washington, D. C., for E.E.O.C., Amicus Curiae.

Before SEITZ, Chief Judge, and WEIS and HIGGINBOTHAM, Circuit Judges.

Resubmitted under Third Circuit Rule 12(6) July 8, 1980.

OPINION OF THE COURT

PER CURIAM:

Plaintiff Lawrence E. Davis appeals from a final order of the district court that granted defendant Calgon Corporation's motion to dismiss. The district court dismissed plaintiff's age discrimination complaint because it found that plaintiff had not satisfied the preconditions to suit specified in the Age Discrimination in Employment Act, 29 U.S.C. §§...

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