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CALDWELL v. NAT. ASS'N OF HOME BUILDERS

No. 84-3120.

771 F.2d 1051 (1985)

Ross CALDWELL, Plaintiff-Appellant, v. NATIONAL ASSOCIATION OF HOME BUILDERS, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 27, 1985.

Attorney(s) appearing for the Case

Charles A. Asher, Lysohir, Singer & Asher, South Bend, Ind., for plaintiff-appellant.

Peter R. Spanos, Hendrick, Spanos & Phillips, Atlanta, Ga., for defendant-appellee.

Before CUMMINGS, Chief Judge, EASTERBROOK, Circuit Judge, and PELL, Senior Circuit Judge.

CUMMINGS, Chief Judge.

Plaintiff Ross Caldwell filed suit in Indiana state court against the National Association of Home Builders ("NAHB") alleging that the NAHB had discriminated against him in employment on the basis of his age in contravention of the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 ("ADEA"), and breach of contract. NAHB removed the case to federal court and requested summary judgment because Caldwell had not timely filed his...

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