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PETERSON v. INSURANCE CO. OF NORTH AMERICA

No. 92 Civ. 416 (RLC).

822 F.Supp. 1040 (1993)

Ernest PETERSON, Plaintiff, v. INSURANCE COMPANY OF NORTH AMERICA and CIGNA Corporation, Defendants.

United States District Court, S.D. New York.

May 26, 1993.

Attorney(s) appearing for the Case

Lilly Sullivan Purcell Barkan & Junge, P.C., New York City (Philip C. Ross, Agnes C. McKeon, of counsel), for plaintiff.

Gregory B. Tobin, Philadelphia, PA (Gregory B. Tobin, of counsel), Law Offices of Joseph W. Conklin, New York City (James Lloyd, of counsel), for defendants.

OPINION

ROBERT L. CARTER, District Judge.

Plaintiff Ernest Peterson alleges that he was constructively discharged by defendant Insurance Company of North America ("ICNA")1 in willful violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq., and in breach of an employment contract. Defendants have moved for summary judgment on both claims, pursuant to Rule 56, F.R.Civ.P.

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