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HAMILTON v. 1ST SOURCE BANK

No. 89-2615.

928 F.2d 86 (1990)

J.D. HAMILTON, Plaintiff-Appellee, v. 1ST SOURCE BANK, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 27, 1990.

Attorney(s) appearing for the Case

Philip Marshall Van Hoy, Van Hoy & Reutlinger, Charlotte, N.C., for defendant-appellant.

William L. Auten, Charlotte, N.C., for plaintiff-appellee.

Before ERVIN, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, CHAPMAN, WILKINSON, and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge, sitting en banc.

WILKINSON, Circuit Judge:

We must here decide when the statute of limitations for filing age-based pay discrimination claims with the Equal Employment Opportunity Commission begins to run under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-34. Plaintiff Hamilton argues that a "discovery" rule applies to the statute of limitations in 29 U.S.C. § 626(d), i.e., that the limitations period does not begin to run until an employee...

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