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FOUNTAIN v. METCALF, ZIMA & CO., P.A.

No. 90-8391.

925 F.2d 1398 (1991)

Alan D. FOUNTAIN, Plaintiff-Appellant, v. METCALF, ZIMA & COMPANY, P.A., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 11, 1991.

Attorney(s) appearing for the Case

Richard P. Decker, Peter V. Hasbrouck, Decker & Hallman, Atlanta, Ga., for plaintiff-appellant.

David R. Aufdenspring, Susan J. Moore, Dara L. DeHaven, Powell Goldstein Frazer & Murphy, Atlanta, Ga., for defendant-appellee.

Before FAY, COX and MARKEY, Circuit Judges.

MARKEY, Circuit Judge:

Alan D. Fountain (Fountain) appeals from a summary judgment entered by the U.S. District Court for the Northern District of Georgia dismissing the complaint because Fountain was not an "employee" as required by the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. (ADEA). We AFFIRM.

BACKGROUND

Fountain sued an accounting firm, Metcalf, Zima ...

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