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MEYER v. RIEGEL PRODUCTS CORP.

No. 82-5770.

720 F.2d 303 (1983)

MEYER, Joseph W., Appellant v. RIEGEL PRODUCTS CORPORATION and James River Corporation of Virginia.

United States Court of Appeals, Third Circuit.

Decided November 2, 1983.

Rehearing and Rehearing Denied November 29, 1983.

Attorney(s) appearing for the Case

Michael S. Gordon, Eugene Mittelman (Argued), Mittelman & Gordon, Washington, D.C., for appellant.

Charles A. Reid, III (Argued), Shanely & Fisher, P.C., Newark, N.J., for appellees; McGuire, Woods & Battle, Richmond, Va., of counsel, and W. Carter Younger, Richmond, Va., Mark W. Lynch, Newark, N.J., on the brief.

Before SEITZ, Chief Judge, and GIBBONS and ROSENN, Circuit Judges.

Rehearing and Rehearing In Banc Denied November 29, 1983.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This case requires us to clarify a critical question concerning the doctrine of equitable tolling in a case charging a violation of the Age Discrimination in Employment Act. Because we believe the district court erred in concluding that as a matter of law plaintiff failed to allege facts that, if proven at trial, could compel a court to equitably...

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