U.S. Court of Appeals for the Eighth Circuit, 1984

Emil ROTHENBERGER, on Behalf of Himself and All Others Similarly Situated v. DOUGLAS COUNTY

Emil ROTHENBERGER, on Behalf of Himself and All Others Similarly Situated v. DOUGLAS COUNTY
U.S. Court of Appeals for the Eighth Circuit · Decided June 20, 1984 · Heaney, Gibson, Hansqn
736 F.2d 1240; 1984 U.S. App. LEXIS 21318; 35 Empl. Prac. Dec. (CCH) 34,727; 35 Fair Empl. Prac. Cas. (BNA) 1377 (Federal Reporter, Second Series)

Emil ROTHENBERGER, on Behalf of Himself and All Others Similarly Situated v. DOUGLAS COUNTY

Opinion

ORDER

Emil Rothenberger, an employee of Douglas County in South Dakota, sued the county on behalf of himself and other similarly situated individuals alleging that the county’s failure to participate in the state retirement plan violated the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 (1982); the due process clause; and unspecified state law. The district court dismissed the action with prejudice concluding that Rothenberger filed his complaint with the Equal Employment Opportunity Commission after the 180-day limitation period had run and that his complaints of retaliation and due process violations failed to state causes of action, 580 F.Supp. 210. Rothenberger appeals this dismissal.

We have carefully considered the briefs of both parties, the record on appeal, the district court’s opinion, and the parties’ oral arguments. Finding no error of law or fact, we affirm based on the well-reasoned decision of the district court. See 8th Cir.R. 14.

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