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MARTIN v. TOLEDO CARDIOLOGY CONSULTANTS, INC.

No. 07-3724.

548 F.3d 405 (2008)

Kathleen MARTIN, Plaintiff-Appellant, v. TOLEDO CARDIOLOGY CONSULTANTS, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 21, 2008.

Attorney(s) appearing for the Case

ARGUED: Kimberly A. Conklin, Kerger & Hartman, Toledo, Ohio, for Appellant. Timothy C. McCarthy, Shumaker, Loop & Kendrick, Toledo, Ohio, for Appellee. ON BRIEF: Kimberly A. Conklin, Richard Marvin Kerger, Kerger & Hartman, Toledo, Ohio, for Appellant. Timothy C. McCarthy, Shumaker, Loop & Kendrick, Toledo, Ohio, for Appellee.

JORDAN, D. J., delivered the opinion of the court, in which MARTIN, J., joined. BATCHELDER, J. (pp. 415-17), delivered a separate dissenting opinion.

OPINION

LEON JORDAN, District Judge.

Plaintiff, Kathleen Martin, a former employee with defendant, Toledo Cardiology Consultants, Inc. ("Toledo Cardiology"), brought suit under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 623(a), and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a). The district court granted summary judgment in favor of defendant on all claims, and dismissed...

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