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ARONSEN v. CROWN ZELLERBACH

No. 78-1621.

662 F.2d 584 (1981)

Arthur N. ARONSEN, Plaintiff-Appellant, v. CROWN ZELLERBACH, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 23, 1981.

Attorney(s) appearing for the Case

Marvin Stender, Garry, Dreyfus, McInternan, Brotsky, Stender, Herndon & Walsh, Inc., San Francisco, Cal., argued, for plaintiff-appellant; David E. Pesonen, San Francisco, Cal., on brief.

Ralph H. Baxter, Jr., Orrick, Herrington & Sutcliffe, Inc., San Francisco, Cal., argued, for defendant-appellee; James Haynes, San Francisco, Cal., on brief.

Before TANG and PREGERSON, Circuit Judges, and KELLEHER, District Judge.

TANG, Circuit Judge:

This is an appeal from the dismissal of an action brought under the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 (ADEA). On motion for summary judgment, the district court dismissed the action on the ground that Plaintiff Aronsen's "notice of intent to sue" was untimely filed with the Secretary of Labor, thus, failing to satisfy a prerequisite to suit under the ADEA. Because the determination of the date on which the unlawful...

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