GRAY v. NEW ENGLAND TEL. AND TEL. CO.

Nos. 85-1712, 85-1806.

792 F.2d 251 (1986)

Irving P. GRAY, Plaintiff, Appellant, v. NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY, et al., Defendants, Appellees. Irving P. GRAY, Plaintiff, Appellee, v. NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 29, 1986.


Attorney(s) appearing for the Case

Russell F. Hilliard with whom John Gilbert Upton and Upton, Sanders & Smith, Concord, N.H., were on brief, for Irving P. Gray.

Richard A. Samuels with whom Jack B. Middleton and McLane, Graf, Raulerson & Middleton Professional Association, Manchester, N.H., were on brief, for New England Telephone and Telegraph Co.

Before COFFIN and ALDRICH, Circuit Judges, PETTINE, Senior District Judge.


PETTINE, Senior District Judge.

On April 9, 1982, the plaintiff, Irving Gray, a Right-of-Way Agent in New Hampshire for the defendant, New England Telephone & Telegraph (hereinafter, "NET"), was discharged from his employment. Gray had been employed continuously since 1955, and was 51 years of age at the time of his dismissal.

On September 23, 1982, Gray filed suit on three theories: (1) breach of employment contract; (2) violation of the Age Discrimination...

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