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SWANSON v. DEPARTMENT OF HEALTH, STATE OF COLO.

Civ. A. No. 90-B-1433.

773 F.Supp. 255 (1991)

Marvin W. SWANSON, Plaintiff, v. DEPARTMENT OF HEALTH, STATE OF COLORADO, Defendant.

United States District Court, D. Colorado.

September 25, 1991.

Attorney(s) appearing for the Case

James M. De Rose, Englewood, Colo., for plaintiff.

George S. Meyer, Asst. Atty. Gen., Tort Litigation Section, Denver, Colo., for defendant.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

In this action under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621, et seq., defendant Colorado Department of Health (CDH) moves for summary judgment, contending that there is no genuine dispute of material fact concerning plaintiff's "voluntary retirement" from employment with CDH. In the alternative, CDH moves for partial summary judgment on the basis of Eleventh Amendment...

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