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Simpson v. Whirlpool Corp.

United States Court of Appeals, Sixth Circuit
Apr 10, 1978
573 F.2d 957 (6th Cir. 1978)

Summary

following Gabriele

Summary of this case from Holliday v. Ketchum, MacLeod Grove, Inc.

Opinion

No. 76-2195.

April 10, 1978.

James F. Clay, Sr., Clay Clay, Danville, Ky., for plaintiff-appellant.

Ben L. Kessinger, Jr., Harbison, Kessinger, Lisle Bush, Lexington, Ky., Charles J. Griffin, Seyfarth, Shaw, Fairweather Geraldson, Ronald J. Hein, Jr., Chicago, Ill., for defendant-appellee.

Appeal from the United States District Court for the Eastern District of Kentucky.

Before CELEBREZZE, ENGEL and KEITH, Circuit Judges.


ORDER

This appeal presents several important issues under the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621-34. The district court dismissed appellant's ADEA complaint on the ground that he had failed to commence proceedings with the Kentucky state agency charged with enforcement of state age discrimination laws before filing this lawsuit. The district court held that such prior resort to the state agency was required by 29 U.S.C. § 633(b). This Court rejected such a finding in Gabriele v. Chrysler Corp., 573 F.2d 949 (6th Cir. 1978).

For the reasons set forth in Gabriele, the judgment of the district court is reversed and the cause is remanded to the district court for further proceedings consistent with this Court's opinion in Gabriele.

It is so ordered.


Summaries of

Simpson v. Whirlpool Corp.

United States Court of Appeals, Sixth Circuit
Apr 10, 1978
573 F.2d 957 (6th Cir. 1978)

following Gabriele

Summary of this case from Holliday v. Ketchum, MacLeod Grove, Inc.
Case details for

Simpson v. Whirlpool Corp.

Case Details

Full title:LEWIS SIMPSON, PLAINTIFF-APPELLANT, v. WHIRLPOOL CORPORATION…

Court:United States Court of Appeals, Sixth Circuit

Date published: Apr 10, 1978

Citations

573 F.2d 957 (6th Cir. 1978)

Citing Cases

Gabriele v. Chrysler Corporation

This court held in Gabriele v. Chrysler Corp., 573 F.2d 949, 955 (6th Cir. 1978), "that 29 U.S.C. § 683(b)…

Simpson v. Whirlpool Corp.

PER CURIAM. This court held in Simpson v. Whirlpool Corp., 573 F.2d 957 (6th Cir. 1978), that prior resort to…