James J. Nicholson v. Cpc International Inc., a Corporation, and James R. Eiszner

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The district court certified for interlocutory appeal under 28 U.S.C. § 1292(b) (1982) its order denying the defendants’ motion to compel arbitration of the claim of plaintiff, a former employee, alleging that his termination violated the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621 et seq. (1982 & Supp.1986). This court is presented for the first time with the question whether an ADEA suit may be maintained despite a provision in an employment contract to arbitrate disputes arising out of the employment. We conclude, after…