Peters v. Fansteel, Inc.

MEMORANDUM OPINION AND ORDER

LINDBERG, District Judge.

Defendant, Fansteel, Inc. has filed a motion pursuant to FRCP Rule 12(b)(1) to dismiss plaintiff’s two count complaint for age-discrimination arguing that this court lacks subject matter jurisdiction. For the reasons stated herein, defendant’s motion is denied as to Count I and granted as to Count II.

For purposes of a motion to dismiss, the court takes the allegations of the complaint as true and all reasonable inferences therefrom and unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which…