Legal Opinion
Wolber v. Service Corp. International
District Court, D. Nevada
Decided June 25, 1985No. CV-R-85-44-ECRPublished
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
EDWARD C. REED, Jr., District Judge.
The defendants have moved to dismiss the complaint for failure to state a claim upon which relief can be granted (Fed.R. Civ.P. 12(b)(6)). They insist that the allegations of the pleading don’t set forth the prima facie elements required for an Age Discrimination in Employment Act (ADEA) claim for relief.
The particular allegations of the complaint that must be considered in deciding this motion are: The action is based on age discrimination in employment; the plaintiff was hired as an embalmer-funeral director on a part-time…
2Cases cited18 opinions
- Tameny v. Atlantic Richfield Co.California Supreme Court · 1980
- Fortune v. National Cash Register Co.Massachusetts Supreme Judicial Court · 1977
- Frank Douglas v. Marvin Anderson, Raymond Hanson, Board of Directors, Hastings College of Law and Hastings Service Foundation, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1981
- John Garibaldi v. Lucky Food Stores, Inc.Court of Appeals for the Ninth Circuit · 1984
- United States v. City of Redwood City, California and Albert v. Pinotti, Individually and Dba the People's Police PatrolCourt of Appeals for the Ninth Circuit · 1981
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