HAGEMAN v. PHILIPS ROXANE LABORATORIES, INC.

No. 78-1914.

623 F.2d 1381 (1980)

Ray C. HAGEMAN, Plaintiff/Appellant, v. PHILIPS ROXANE LABORATORIES, INC., an Ohio Corporation, Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 28, 1980.


Attorney(s) appearing for the Case

Walter Cochran-Bond, Los Angeles, Cal., for plaintiff/appellant.

Stephen P. Pepe, O'Melveny & Myers, Los Angeles, Cal., for defendant/appellee.

Before WALLACE and TANG, Circuit Judges, and HANSON, Senior District Judge.


HANSON, Senior District Judge.

This private suit under the Age Discrimination in Employment Act of 1967 (ADEA or the Act), 29 U.S.C. § 621 et seq. (1976), was dismissed1 for want of prior filing with the Secretary of Labor of the notice of intent to sue formerly required by section 7(d) of the Act, 29 U.S.C. § 626(d).2 The question before us is whether under the circumstances of the case the...

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