The following excerpt is from Vinieratos v. U.S., Dept. of Air Force Through Aldridge, 939 F.2d 762 (9th Cir. 1991):
Similarly, in the widely cited case of Purtill v. Harris, 658 F.2d 134 (3d Cir.1981), cert. denied, 462 U.S. 1131, 103 S.Ct. 3110, 77 L.Ed.2d 1365 (1983), the Third Circuit affirmed dismissal of a suit brought under the Age Discrimination in Employment Act, which also requires claimants to elect one of two alternative avenues of relief. Purtill had "attempted in count one [of his complaint] to pursue both routes simultaneously." 658 F.2d at 138. In the course of affirming, the court wrote:
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