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BENDER v. HECHT'S DEPT. STORES

No. 05-5662.

455 F.3d 612 (2006)

Brian J. BENDER and James W. Rafferty, Plaintiffs-Appellants, v. HECHT'S DEPARTMENT STORES, a division of May Enterprises, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 1, 2006.

Attorney(s) appearing for the Case

ARGUED: W. Gary Blackburn, Blackburn & McCune, Nashville, Tennessee, for Appellants. Betty Thorne Tierney, The May Department Stores Company, St. Louis, Missouri, for Appellee. ON BRIEF: W. Gary Blackburn, Blackburn & McCune, Nashville, Tennessee, for Appellants. Betty Thorne Tierney, The May Department Stores Company, St. Louis, Missouri, for Appellee.

Before: KENNEDY, COLE, and McKEAGUE, Circuit Judges.

OPINION

McKEAGUE, Circuit Judge.

Brian Bender and James Rafferty (collectively, the "Plaintiffs") worked for Hecht's Department Stores ("Hecht's") and its predecessor for a number of years. Both were laid off during a corporate-wide reduction in force in 2003. They sued their former employer, asserting claims of age discrimination under the Age Discrimination in Employment Act of 1967 (the "ADEA"), 29 U.S.C. §§ 621 et seq., and the Tennessee...

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