Descripción de editorial
This permissive interlocutory appeal arises out of the trial courts refusal to dismiss plaintiffs action based on the doctrine of res judicata. The question certified by the trial court is whether the plaintiffs present action sounding in fraud and alleging that he was forced to retire at age 65 is barred by the dismissal of plaintiffs initial action in Federal district court alleging that he was forced to retire at age 65 in violation of the Age Discrimination in Employment Act, codified as amended, 29 U.S.C. § 621 through 634 (1982) (hereinafter cited as the ADEA). We hold that plaintiffs present action is not barred by res judicata principles and affirm.