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FRANK v. CAPITAL CITIES COMMUNICATIONS, INC.

80 Civ. 2188-CSH.

509 F.Supp. 1352 (1981)

Bernard FRANK, John Pareti and Martin Kessler, on behalf of themselves and other employees similarly situated, Plaintiffs, v. CAPITAL CITIES COMMUNICATIONS, INC., Capital Cities Media, Inc. and Fairchild Publications, Inc., Defendants.

United States District Court, S. D. New York.

March 11, 1981.

Attorney(s) appearing for the Case

Beldock, Levine & Hoffman, New York City, for plaintiffs; Cynthia Rollings, New York City, of counsel.

Hall, Dickler, Lawler, Kent & Howley, New York City, for defendants; Milford Fenster, Paul Sarno, Robin L. Hirsch, New York City, of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

Plaintiffs' motion to reargue the Court's Memorandum Opinion and Order of January 6, 1981, 88 F.R.D. 674, is granted.

I am persuaded that the earlier opinion overlooked the provisions of 29 U.S.C. § 626(d)(2), which makes a 300-day time limit applicable to this case, where the named plaintiffs concededly commenced New York state proceedings. The applicability in comparable circumstances of...

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