Legal Opinion

Wilbur L. KEPHART, Plaintiff-Appellant, v. INSTITUTE OF GAS TECHNOLOGY, Defendant-Appellee

Court of Appeals for the Seventh Circuit

Decided August 24, 1978No. 77-2055PublishedCited by 85 opinions

1Opinion of the Court

BAUER, Circuit Judge.

The central issue presented in this appeal is whether the 180-day notice requirement of the Age Discrimination in Employment Act may be tolled on equitable grounds. We hold that it may.

I

On July 15, 1976, Wilbur Kephart commenced an action against the Institute of Gas Technology, alleging that he had been discharged by IGT in violation of the Age Discrimination in Employment Act of 1967. The district court found, however, that Kephart had failed to comply with the Act’s requirement that notice of intent to sue be filed within 180 days of the “alleged unlawful practice,” 1…

2Cases cited6 opinions

  1. Emra Joseph Bonham v. Dresser Industries, Inc., a CorporationCourt of Appeals for the Third Circuit · 1978
  2. Anne M. DARTT, Plaintiff-Appellant, v. SHELL OIL COMPANY, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1976
  3. Shell Oil Co. v. DarttSupreme Court of the United States · 1978
  4. Shell Oil Co. v. DarttSupreme Court of the United States · 1977
  5. George L. CHARLIER and George B. Russell, Plaintiffs-Appellants, v. S. C. JOHNSON & SON, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1977

1 more not listed; retrieve them via the Exa API.

3Cited by85 opinions

  1. Edward R. POSEY, Plaintiff-Appellant, v. SKYLINE CORPORATION, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1983
  2. Wilbur L. KEPHART, Plaintiff-Appellant, v. INSTITUTE OF GAS TECHNOLOGY, Defendant-AppelleeCourt of Appeals for the Seventh Circuit · 1980
  3. Carl Kale v. Combined Insurance Company of America, Carl Kale v. Combined Insurance Company of AmericaCourt of Appeals for the First Circuit · 1988
  4. W. B. COKE, Jr., Plaintiff-Appellant, v. GENERAL ADJUSTMENT BUREAU, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1981
  5. Cleda Jean Chappell v. Emco MacHine Works CompanyCourt of Appeals for the Fifth Circuit · 1979

80 more not listed; retrieve them via the Exa API.

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