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SMITH v. FLAX

No. 78-1201.

618 F.2d 1062 (1980)

Thomas Clinton SMITH, Jr., Appellant, v. Dr. Alexander H. FLAX, André R. Barbeau and Institute for Defense Analyses, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 9, 1980.

Attorney(s) appearing for the Case

John D. Grad, Alexandria, Va. (Leonard S. Rubenstein, Hirschkop & Grad, P. C., Alexandria, Va., on brief), for appellant.

Thomas M. Lemberg, Washington, D. C. (Leva, Hawes, Symington, Martin & Oppenheimer, Washington, D. C., William T. Freyvogel, Adams, Porter, Radigan & Mays, Arlington, Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and BUTZNER and RUSSELL, Circuit Judges.

HAYNSWORTH, Chief Judge:

The plaintiff sought damages for alleged violations of the Age Discrimination in Employment Act. His basic claims were submitted to a jury, which returned a verdict in his favor. Thereafter, however, the district judge granted the defendants' motion for judgment notwithstanding the verdict or, alternatively, for a new trial. The plaintiff appealed, and we affirm.

Prior to 1971 Smith had been employed by the Rand Corporation as an analyst...

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