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SUTTON v. ATLANTIC RICHFIELD CO.

No. 79-3345.

646 F.2d 407 (1981)

Lawrence W. SUTTON, Plaintiff-Appellant, v. ATLANTIC RICHFIELD COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 26, 1981.

Attorney(s) appearing for the Case

Jeffrey S. Pop, Pop & Hahn, Beverly Hills, Cal., for plaintiff-appellant.

Paul Grossman, Paul, Hastings, Janofsky & Walker, Los Angeles, Cal., for defendant-appellee.

Before ELY and FERGUSON, Circuit Judges, and SOLOMON, District Judge.

ELY, Circuit Judge:

Sutton appeals a Fed.R.Civ.P. 41(b) dismissal of his suit alleging a violation of the Age Discrimination in Employment Act (ADEA). 29 U.S.C. § 621 et seq.1 He contends that the circumstances under which he accepted an early retirement amounted to a constructive discharge and that the Atlantic Richfield Company (ARCO) was improperly motivated by Sutton's age in orchestrating his allegedly coerced retirement...

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