Legal Opinion

Eugene A. CEMER, Plaintiff-Appellant, v. MARATHON OIL COMPANY, Defendant-Appellee

Court of Appeals for the Sixth Circuit

Decided August 21, 1978No. 76-2405PublishedCited by 123 opinions

1Per curiam

Plaintiff Cerner, a former employee of Marathon Oil Company, was discharged on July 9, 1971. He first filed suit in the United States District Court for the Northern District of Ohio, alleging that his termination violated the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. That court, concluding that the applicable statute of limitations barred the suit, dismissed the complaint for failure to state a claim upon which relief could be granted. Rule 12(b)(6), Fed.R.Civ.P. Cemer’s former attorney did not oppose the motion to dismiss and did not perfect an appeal from the judgment…

2Cases cited16 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  3. Hanna v. PlumerSupreme Court of the United States · 1965
  4. Thermtron Products, Inc. v. HermansdorferSupreme Court of the United States · 1976
  5. Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958

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3Cited by123 opinions

  1. Agnes E. NILSEN, Plaintiff-Appellant, v. the CITY OF MOSS POINT, MISSISSIPPI, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1983
  2. Joey L. Mitchell v. Glenn ChapmanCourt of Appeals for the Sixth Circuit · 2003
  3. Coker v. Amoco Oil Co.Court of Appeals for the Eleventh Circuit · 1983
  4. Carl Kale v. Combined Insurance Company of AmericaCourt of Appeals for the First Circuit · 1991
  5. Roberts v. City of TroyCourt of Appeals for the Sixth Circuit · 1985

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