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STRAZDAS v. BAKER

No. 88 Civ. 1520 (MBM).

689 F.Supp. 310 (1988)

Edward STRAZDAS, Plaintiff, v. James A. BAKER, III, Secretary of the Treasury, Defendant.

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

July 5, 1988.

Attorney(s) appearing for the Case

Jose A. Rivera, P.C., Brooklyn, N.Y., for plaintiff.

Michael D. Pennisi, Asst. U.S. Atty., S.D. N.Y., New York City, for defendant.

OPINION AND ORDER

MUKASEY, District Judge.

I.

Plaintiff, Edward Strazdas, age 54, alleges that his employer, the United States Customs Service ("Customs"), discriminated against him by denying him a promotion because of his age, in violation of the Age Discrimination in Employment Act of 1967 ("ADEA"), as amended 29 U.S.C. § 633a. Defendant moves to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(1) and (6) on the ground that the plaintiff...

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