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TAYLOR v. MARSH

Civ. A. No. 82-3421-K.

624 F.Supp. 1042 (1985)

Leon S. TAYLOR, Plaintiff, v. John O. MARSH, Secretary of the Army, Defendant.

United States District Court, D. Massachusetts.

December 30, 1985.

Attorney(s) appearing for the Case

Krokidas & Bluestein, Boston, Mass., Myles Jacobson, David Weingarten, for plaintiff.

Regional Gen. Counsel, U.S. Dept., of The Army, Boston, Mass., Asst. U.S. Atty., Karen Green, for defendant.

Memorandum and Order

KEETON, District Judge.

Plaintiff brought this action in federal court alleging that defendant had discriminated against him because of his age, in violation of 29 U.S.C. § 633a(a). The action was filed in November 1982. In October 1984, defendant moved to amend his answer and to dismiss. Both the proposed amended answer and the motion to dismiss contend that plaintiff did not exhaust his administrative remedies because he failed...

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