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MITCHELL v. DATA GENERAL CORP.

No. 93-1238.

12 F.3d 1310 (1993)

Donald R. MITCHELL, Plaintiff-Appellant, v. DATA GENERAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 22, 1993.

Attorney(s) appearing for the Case

R. Bradley Miller, Raleigh, NC, argued for plaintiff-appellant.

Laura Broughton Russell, argued (Cecil W. Harrison, Jr., on brief), Poyner & Spruill, Raleigh, NC, for defendant-appellee.

Before NIEMEYER and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

NIEMEYER, Circuit Judge:

Donald R. Mitchell, one of four corporate managers of quality assurance for Data General Corporation, was discharged by Data General in November 1990 as part of a reduction-in-force. At the time Mitchell was 58 years old. Contending that age was a determining factor for his discharge, Mitchell sued Data General under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. The district court granted...

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