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EWALD v. GREAT ATLANTIC & PAC. TEA CO., INC.

No. 77-1600.

620 F.2d 1183 (1980)

Gilbert EWALD, Plaintiff-Appellant, v. The GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 9, 1980.

Attorney(s) appearing for the Case

Joseph J. Mellon, Cheboygan, Mich., for plaintiff-appellant.

Sheldon S. Toll, Patrick T. Duerr, Honigman, Miller, Schwartz & Cohn, Detroit, Mich., Robert W. Hartland, Reed, Smith, Shaw & McClay, Pittsburgh, for defendant-appellee.

Before LIVELY, BROWN and JONES, Circuit Judges.

LIVELY, Circuit Judge.

The issues in this case relate to time requirements contained in the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621 et seq. (1976) (ADEA or the Act). The Act provides that before a civil action may be brought by an individual, the plaintiff must give the Secretary of Labor "not less than sixty days' notice of an intent to file such action."1 The...

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