Steiner

MEMORANDUM OF DECISION

In this action defendants Charles Feeney and National League of Professional Baseball Clubs, hereinafter National League, have moved the Court for dismissal pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The motion came on for hearing and was submitted for decision. The motion of defendants is treated as one for summary judgment by reason of the fact that matters outside the pleading have been presented to and have not been excluded by the Court. Defendants filed the affidavit of Charles Feeney in support of their motion and plaintiff filed an affidavit in opposition to defendants’ motion to dismiss. Defendants filed a memorandum of points and authorities in support of their motion and both plaintiff and defendants through their respective council submitted oral argument to the Court prior to the submission of the motion for decision.

Plaintiff’s complaint alleges that his action is brought pursuant to the authority in Title 29, § 626(c) of the United States Code, entitled “Age Discrimination in Employment Act of 1967”.

The complaint further alleges plaintiff for many years prior to and until the 28th day of December 1972 was employed…