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CORNETT v. AVCO FINANCIAL SERVICES

No. 84-2120.

792 F.2d 447 (1986)

Jack CORNETT, Appellant, v. AVCO FINANCIAL SERVICES, One, Inc., a corporation, and AVCO Financial Services, Inc., a corporation, and AVCO Financial Services Management Inc., a corporation, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 6, 1986.

Attorney(s) appearing for the Case

John Boettner, Jr. (Boettner & Clark, Charleston, W.Va., on brief), for appellant.

Charles M. Surber, Jr. (Jackson, Kelly, Holt & O'Farrell, Charleston, W.Va., on brief), for appellees.

Before PHILLIPS and ERVIN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

JAMES DICKSON PHILLIPS, Circuit Judge:

Jack Cornett appeals the dismissal of his claims under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 to § 634. The district court held that Cornett's failure to commence state age discrimination proceedings in the proper state forum violated 29 U.S.C. § 633(b), which requires that in states with agencies empowered to remedy age discrimination, a claimant may not bring an ADEA suit until sixty...

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