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O'CONNOR v. CONSOLIDATED COIN CATERERS CORP.

No. 95-354.

517 U.S. 308 (1996)

O'CONNOR v. CONSOLIDATED COIN CATERERS CORP.

United States Supreme Court.

Decided April 1, 1996.

Attorney(s) appearing for the Case

George Daly argued the cause for petitioner. With him on the briefs were Paul Alan Levy and Alan B. Morrison.

Paul R. Q. Wolfson argued the cause for the United States et al. as amici curiae urging reversal. With him on the brief were Solicitor General Days, Assistant Attorney General Patrick, Deputy Solicitor General Bender, C. Gregory Stewart, Gwendolyn Young Reams, Lorraine C. Davis, and Barbara L. Sloan.

James B. Spears, Jr., argued the cause for respondent. With him on the brief were Jacob J. Modla and Robert S. Phifer.*

Scalia, J., delivered the opinion for a unanimous Court.

Justice Scalia, delivered the opinion of the Court.

This case presents the question whether a plaintiff alleging that he was discharged in violation of the Age Discrimination in Employment Act of 1967 (ADEA), 81 Stat. 602, as amended, 29 U. S. C. § 621 et seq., must show that he was replaced by someone outside the age group protected by the ADEA to make out a prima facie case under the framework established by McDonnell Douglas Corp. v. Green...

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