HIGDON v. CONCAST CABLE COMMUNICATIONS, INC.

No. CV 87-P-0124-W.

708 F.Supp. 1584 (1987)

Robert E. HIGDON, Plaintiff, v. CONCAST CABLE COMMUNICATIONS, INC., et al., Defendants.

United States District Court, N.D. Alabama, W.D.

March 31, 1987.


Attorney(s) appearing for the Case

Alberta Murphy and Stan Murphy, Murphy & Murphy, Tuscaloosa, Ala., for plaintiff.

John R. Trapnell, Robert L. Thompson, Elarbee Thompson & Trapnell, Atlanta, Ga., and Gordon Rosen, Rosen Harwood Cook & Sledge, Tuscaloosa, Ala., for defendants.


MEMORANDUM OF OPINION

POINTER, Chief Judge.

The defendants have moved the court to dismiss that part of plaintiff's claim under 29 U.S.C. § 621 et seq., the Age Discrimination in Employment Act ("ADEA"), which alleges retaliation. The only mention of retaliation in plaintiff's complaint comes in paragraph 20 where plaintiff avers: "The Plaintiff was threatened with a retaliatory denial of pension rights in the event of his pursuit of a claim...

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