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McCANN v. TEXAS CITY REFINING, INC.

No. 91-2538.

984 F.2d 667 (1993)

Jo Ann McCANN and Blanche Christine Hickman, Plaintiffs, Blanche Christine Hickman, (Linard Vergil Hickman, as Independent Executor of the estate of appellee, Blanche Christine Hickman, for Substitution in Place and Stead of Appellee Blanche Christine Hickman, deceased), Plaintiff-Appellee, Cross-Appellant, Jo Ann McCann, Plaintiff-Appellant, Cross-Appellee, v. TEXAS CITY REFINING, INC., et al., Defendants-Appellees, Hill Petroleum, Inc., Defendant-Appellant, Cross-Appellee, Agway, Inc., et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

March 1, 1993.

Attorney(s) appearing for the Case

John D. Giansello, Herbert J. Levine, Orrick, Herrington & Sutcliffe, New York City, Baker & Botts, L. Chapman Smith, Houston, TX, for Hill Petroleum Co.

Anthony P. Griffin, Galveston, TX, for McCann.

Ervin A. Apffel, Jr., Kenneth J. Bower, McLeod, Alexander, Powell & Apffel, Galveston, TX, for Agway, Agway Petroleum and Southern States.

Anthony P. Griffin, Galveston, TX, for Hickman.

Douglas H. Chilton, Mabry, Herbeck & Chilton, Texas City, TX, for Texas City Refining, Inc.

Before POLITZ, Chief Judge, and JOHNSON and JOLLY, Circuit Judges.

PER CURIAM:

In the summer of 1989, Blanche Hickman and Jo Ann McCann lost their jobs. Hickman and McCann had been working at a refinery owned by Texas City Refining, Inc. (TCR).1 When that refinery was sold to Hill Petroleum, Inc. (Hill), Hickman and McCann were not offered jobs by the new owners. Subsequently Hickman and McCann sued Hill, TCR, and TCR's parent corporations (collectively Agway) for violations of the Age Discrimination...

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