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SOLIMINO v. ASTORIA FEDERAL SAV. AND LOAN ASS'N

No. 441, Docket 89-7639.

901 F.2d 1148 (1990)

Angelo J. SOLIMINO, Plaintiff-Appellant, v. ASTORIA FEDERAL SAVINGS AND LOAN ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 12, 1990.

Attorney(s) appearing for the Case

Leonard N. Flamm, New York City (Hockert & Flamm, New York City, Joseph J. Gentile, Long Island City, N.Y., of counsel), for plaintiff-appellant.

Anthony H. Atlas, New York City (Paul J. Siegel, Sara J. Herrin, and Roger S. Kaplan, Jackson, Lewis, Schnitzler & Krupman, New York City, of counsel), for defendant-appellee.

Lamont N. White, Atty., U.S. E.E.O.C., Washington, D.C. (Charles A. Shanor, Gen. Counsel, Gwendolyn Young Reams, Associate Gen. Counsel, Vincent Blackwood, Asst. Gen. Counsel, Washington, D.C., of counsel), for amicus curiae, U.S. E.E.O.C.

Robert L. Liebross, Washington, D.C. (Steven S. Zaleznick, Cathy Ventrell-Monsees, Washington, D.C., of counsel), filed a brief for amicus curiae, American Ass'n of Retired Persons.

Before LUMBARD, FEINBERG and MESKILL, Circuit Judges.

LUMBARD, Circuit Judge:

Angelo J. Solimino appeals from a summary judgment of the District Court for the Eastern District of New York, Glasser, J., which dismissed his complaint against Astoria Federal Savings and Loan Association under the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-634 ("ADEA"). The district court held that Solimino was estopped from proving his case by a judicially unreviewed finding of no discrimination made by the...

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