Hovey v. Lutheran Medical Center

MEMORANDUM AND ORDER

NICKERSON, District Judge.

On July 28, 1978 defendant terminated plaintiff’s employment as chief accountant after six and one-half years on the job. Plaintiff was then sixty-two years old. He later filed this action alleging that his termination was in violation of the Age Discrimination in Employment Act of 1967 (“Act”), 29 U.S.C. § 623(a)(1), and a tortious abusive discharge under common law.

Defendant now moves under Rule 12(b) of the Federal Rules of Civil Procedure to dismiss the complaint on the grounds that the claims under the Act are barred by the statute of…