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E.E.O.C. v. MANVILLE SALES CORP.

No. 93-1069.

27 F.3d 1089 (1994)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. MANVILLE SALES CORPORATION, et al., Defendants-Appellees. Charles MITTE, Plaintiff-Appellant, v. MANVILLE SALES CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied September 6, 1994.

Attorney(s) appearing for the Case

Gary DeShazo, Austin, TX, for Mitte.

Paul Bogas, Dori Bernstein, E.E.O.C., Washington, DC, for E.E.O.C.

Brian S. Greig, Elizabeth Collum Oxmun, Fulbright & Jaworski, Austin, TX, Alfred John Harper, II, Fulbright & Jaworski, Houston, TX, W. Wendell Hall, San Antonio, TX, for appellees.

Before GOLDBERG, HIGGINBOTHAM, and EMILIO M. GARZA, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 6, 1994.

GOLDBERG, Circuit Judge:

Charles Mitte and the Equal Employment Opportunity Commission ("EEOC") brought the instant lawsuit under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-34. The plaintiffs alleged that Mitte had been discriminatorily discharged by his employer, Manville Sales Corporation ("Manville"), in violation of the ADEA. After a jury trial,...

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