Agin v. Federal White Cement, Inc.

This case was reported by a Superior Court judge to the Appeals Court. We granted the plaintiffs 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). 3 The defendants filed separate motions to dismiss all three counts. The motions were denied with respect to counts I and II, but allowed as to count III. 4 The defendants also filed a joint…