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FREY v. STATE OF CAL.

No. 91-16162.

982 F.2d 399 (1993)

Archer FREY, Plaintiff-Appellant, v. STATE OF CALIFORNIA; State of California Military Department, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 5, 1993.

Attorney(s) appearing for the Case

Leo F. Donahue, Gold River, CA, for plaintiff-appellant.

S. Michelle Inan, Deputy Atty. Gen., Oakland, CA, for defendants-appellees.

Before CANBY, REINHARDT, and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

Archer Frey appeals from the district court's dismissal of his action alleging that the California National Guard violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634, by requiring him to separate from active duty on his sixtieth birthday pursuant to Section 167 of the California Military and Veterans' Code. Frey filed this action against the State of California and...

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