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AGIN v. FEDERAL WHITE CEMENT, INC.

417 Mass. 669 (1994)

632 N.E.2d 1197

ROBERT AGIN vs. FEDERAL WHITE CEMENT, INC., & another.

Supreme Judicial Court of Massachusetts, Hampden.

May 5, 1994.

Attorney(s) appearing for the Case

David G. Cohen (John J. Egan & Maurice M. Cahillane with him) for the plaintiff.

Thomas J. Curley, Jr., for the defendants.

The following submitted briefs for amici curiae:

Scott Harshbarger, Attorney General, Richard W. Cole & John A. Capin, Assistant Attorneys General, for the Attorney General.

Judith Olans Brown & Alan Jay Rom for Boston Bar Association.

Patrick W. Hanifin & Charla T.-McMillian for Massachusetts Business Roundtable.

Betsy L. Ehrenberg, Ruth A. Bourquin, Harold L. Lichten, Ellen J. Messing & Dahlia C. Rudavsky for Massachusetts Chapter of the National Employment Lawyers Association.

John W. Welch, Kenneth R. Barba & Wendy A. Wodarski for Barry W. Soden.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, & GREANEY, JJ.

LYNCH, J.

This case was reported by a Superior Court judge to the Appeals Court. We granted the plaintiff's request for direct appellate review.2

The plaintiff claims that he was discharged from his job due to his age. His complaint contains three counts alleging violation of 29 U.S.C § 621 (1988 & Supp. IV 1992) (count I), G.L.c. 151B (1992 ed.) (count II), and, G.L.c. 93, §§ 102 and 103 (1992 ed.) (count III...

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