Massachusetts Superior Court March 3, 1995, No. 942039 (Cunningham v. Ardrox, Inc.)

Fremont-Smith, J.

Richard A. Cunningham (“Cunningham”) brought this action under the Age Discrimination in Employment Act, 29 U.S.C. §621 et seq., against his former employer, the defendant, Ardrox, Inc. (“Ardrox”). Ardrox has moved for dismissal pursuant to Mass.R.Civ.P. 12(b)(2), (b)(3), and (b)(5). After considering the submissions of both parties, the court ALLOWS the motion.