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ROBERTS v. INTERNATIONAL BUSINESS MACHINES CORP.

No. 12-5169.

733 F.3d 1306 (2013)

George M. ROBERTS, Plaintiff-Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 5, 2013.

Attorney(s) appearing for the Case

Daniel E. Smolen ( Donald E. Smolen, II with him on the briefs), of Smolen, Smolen & Roytman, PLLC, Tulsa, OK, for Plaintiff-Appellant.

Timothy A. Carney ( Erin K. Dailey with him on the brief), of GableGotwals, Tulsa, OK, for Defendant-Appellee.

Before GORSUCH, BALDOCK, and BACHARACH, Circuit Judges.

GORSUCH, Circuit Judge.

George Roberts says IBM fired him because of his age. He insists an instant messaging conversation between two of the company's human resources managers proves as much. The topic of that conversation was Mr. Roberts's possible inclusion in a "Resource Action." Less euphemistically, the pair were discussing whether to eliminate Mr. Roberts's position on the ground that he didn't have enough billable work to justify the expense of paying him...

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