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SEEDMAN v. ALEXANDER'S, INC.

No. 87 Civ. 3719 (JMC).

683 F.Supp. 924 (1987)

Albert A. SEEDMAN, Plaintiff, v. ALEXANDER'S, INC., Roger A. Barrer and Robert Geber, Defendants.

United States District Court, S.D. New York.

December 1, 1987.

Attorney(s) appearing for the Case

Gaffin & Mayo, P.C., Morton S. Minsley, New York City, for plaintiff.

Epstein Becker & Green, P.C., Peter Stergios, Jerrold F. Goldberg, New York City, for defendants.

MEMORANDUM AND ORDER

CANNELLA, District Judge.

Defendants' motion to dismiss the complaint, having been converted to one for summary judgment, is granted. Fed.R.Civ. P. 12(b), 56(c).

BACKGROUND

Plaintiff Albert A. Seedman commenced this action pursuant to the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 ["ADEA"]. The complaint alleges the following facts, which are deemed true for the purpose of deciding this motion...

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