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RUSSO v. TRIFARI, KRUSSMAN & FISHEL, INC.

No. 257, Docket 87-7517.

837 F.2d 40 (1988)

Richard RUSSO, Plaintiff-Appellant, v. TRIFARI, KRUSSMAN & FISHEL, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 8, 1988.

Attorney(s) appearing for the Case

Robert N. Marx, New York City, for plaintiff-appellant.

Harman Avery Grossman, New York City (Patterson, Belknap, Webb & Tyler, New York City, M. Theresa Hupp, Kansas City, Mo., of counsel), for defendant-appellee.

Before FEINBERG, Chief Judge, and NEWMAN and WINTER, Circuit Judges.

WINTER, Circuit Judge:

Richard Russo appeals from the dismissal of his action brought under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-634 (1982).

Upon the close of discovery, defendant Trifari, Krussman & Fishel, Inc. ("Trifari") moved for dismissal of Russo's complaint and alternatively for summary judgment. In granting Trifari's motions, Judge Goettel held that the complaint did not allege facts sufficient to state...

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