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LEVINE v. FAIRLEIGH DICKINSON UNIVERSITY

No. 80-1932.

646 F.2d 825 (1981)

Dr. Saul LEVINE, Appellant, v. FAIRLEIGH DICKINSON UNIVERSITY, a non-profit corporation of the State of New Jersey, Appellee.

United States Court of Appeals, Third Circuit.

Decided April 16, 1981.

As Amended May 18, 1981.

Attorney(s) appearing for the Case

Marc S. Friedman, Kalb, Friedman & Siegelbaum, Newark, N. J., Joseph D. Luksch (argued), Michael R. Zeller, James M. Donegan, Vedder, Price, Kaufman, Kammholz & Day, New York City, for appellant.

Ronald H. DeMaria (argued), Lum, Biunno & Tompkins, Newark, N. J., for appellee.

Before ADAMS, GARTH and SLOVITER, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Dr. Saul Levine, formerly a professor at Fairleigh Dickinson University, and plaintiff below, appeals from an order granting the University's motion for summary judgment in a suit brought under the Age Discrimination in Employment Act, as amended, 29 U.S.C. §§ 621-634 (1976 & Supp. III 1979) (ADEA). Dr. Levine alleged the ADEA was violated when his nontenured appointment was reduced...

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