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NICHOLSON v. CPC INTERN. INC.

No. 88-5588.

877 F.2d 221 (1989)

James J. NICHOLSON v. CPC INTERNATIONAL INC., a corporation, and James R. Eiszner, Appellants.

United States Court of Appeals, Third Circuit.

Decided June 2, 1989.

As Amended June 7, 1989.

Rehearing and Rehearing Denied July 10, 1989.

Attorney(s) appearing for the Case

Carmine A. Iannaccone (Argued), John M. Simon, Hannoch Weisman, P.C., Roseland, N.J., Samuel Estreicher, Cahill Gordon & Reindel on the brief, New York City, for appellants.

Walter L. Leib, Gary E. Roth (Argued), Richard M. Cohen, Leib, Kraus, Grispin & Roth, P.C., Scotch Plains, N.J., for appellee.

Charles A. Shanor, Gen. Counsel, Gwendolyn Young Reams, Associate Gen. Counsel, Lorraine C. Davis, Asst. Gen. Counsel, Gale Barron Black (Argued), E.E.O.C., Washington, D.C., for amicus curiae in support of appellee.

Before SLOVITER and BECKER, Circuit Judges, and FULLAM, District Judge.

Rehearing and Rehearing In Banc Denied July 10, 1989.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The district court certified for interlocutory appeal under 28 U.S.C. § 1292(b) (1982) its order denying the defendants' motion to compel arbitration of the claim of plaintiff, a former employee, alleging that his termination violated the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et seq. (1982 & Supp...

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