Marshall v. Gilbarco Inc. - United States Court of Appeals for the Fourth Circuit

Marshall v. Gilbarco Inc.

By United States Court of Appeals for the Fourth Circuit

  • Release Date: 1980-01-09
  • Genre: Law
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Marshall v. Gilbarco Inc. United States Court of Appeals for the Fourth Circuit Book Review Score: ★★★★★ 5/5 stars

The primary question on this appeal is whether an age discrimination suit brought by the Secretary of Labor under the authority of $17 of the Fair Labor Standards Act is effectively commenced, for statute of limitations purposes, with the filing of a complaint which does not name the aggrieved individuals. We believe that a $17 action is commenced for all purposes when the complaint is filed, regardless of whether the individuals are named in it. Accordingly, we vacate the order of the district court granting summary judgment for defendant on the Secretarys § 17 claim, and remand this case for further proceedings.

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