Hernden v. Consumers Power Co.

Plaintiff, Mervin W. Hernden, *351claims that after some 28 years of employment with defendant, Consumers Power Company, he was discharged by defendant on June 21, 1974. He claims that defendant’s action was arbitrary and capricious and at least in part based on plaintiffs age of 51 years at the time of the alleged discharge.

Plaintiff commenced this action on February 25, 1975. Counts 1 and 2 of his complaint alleged that his discharge violated the Michigan State Fair Employment Practices Act, MCLA 423.301 et seq.; MSA 17.458(1) et seq., prohibiting discrimination on the basis of age in private…