Court of Appeals for the Tenth Circuit January 18, 1990, 86-2156 (Frank L. SPULAK, Plaintiff-Appellee, v. K MART CORPORATION, Defendant-Appellant)

SEYMOUR, Circuit Judge.

Frank Spulak sued K Mart Corporation under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621

et seq.

(1982), alleging that he was constructively discharged from his employment with K Mart as a result of illegal age discrimination. He also asserted a pendent state claim for age discrimination and for extreme and outrageous conduct.