Francis J. Dashnaw, Appellee-Cross-Appellant v. Federico Pena, Secretary of Transportation, Appellant-Cross-Appellee

Opinion for the Court filed PER CURIAM.

This case involves a complaint of age discrimination that was filed in the District Court in 1977. A trial was conducted on the complaint in 1980; subsequently, in 1982, before a judgment had been issued on the complaint, the plaintiff-appellee, Francis J. Dashnaw, retired from his employment with the appellant, the Department of Transportation (“Department”). In 1986, Dashnaw belatedly claimed that his retirement had re-suited from a “constructive discharge” due to unlawful age discrimination; however, the complaint was never amended to include this…