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STURNIOLO v. SHEAFFER, EATON, INC.

No. 93-8135.

15 F.3d 1023 (1994)

Joseph A. STURNIOLO, Plaintiff-Appellant, v. SHEAFFER, EATON, INC., and Anthony C. Barry, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 7, 1994.

Attorney(s) appearing for the Case

G.E. Massafra, Lynch & Powell, Decatur, GA, Richmond Mason Barge, McKee & Barge, Atlanta, GA, for plaintiff-appellant.

Weyman T. Johnson, Jr., Paul, Hastings, Janofsky & Walker, Nancy E. Ryan, Atlanta, GA, for defendants-appellees.

Before ANDERSON and DUBINA, Circuit Judges, and GODBOLD, Senior Circuit Judge.

DUBINA, Circuit Judge:

Appellant Joseph Sturniolo ("Sturniolo") appeals the district court's grant of summary judgment in favor of appellee Sheaffer, Eaton, Inc. ("Sheaffer"). The summary judgment was based on the ground that Sturniolo's complaint under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq., was barred as untimely filed. For the reasons that follow, we vacate the judgment of the district court and remand this case for...

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