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SIMS v. MVM, INC.

No. 11-14481.

704 F.3d 1327 (2013)

Solomon SIMS, Jr., Plaintiff-Appellant, v. MVM, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 17, 2013.

Attorney(s) appearing for the Case

Edward Daniel Buckley , Cheryl Barnes Legare , Buckley & Klein, LLP, Atlanta, GA, for Plaintiff-Appellant.

Lindsey Hager McGinnis , Littler Mendelson, PC, McClean, VA, Jason M. Branciforte , Littler Mendelson, PC, Washington, DC, Richard C. McWilliams , Littler Mendelson, PC, Atlanta, GA, for Defendant-Appellee.

Before DUBINA, Chief Judge, and CARNES and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge:

This is an Age Discrimination in Employment Act of 1967 ("ADEA") case. See 29 U.S.C. § 621 et seq. Solomon Sims, Jr., claims that his former employer, MVM, Inc., discriminated against him on account of his age when it terminated his employment. MVM defended its decision by denying that Sims' age, 71, was the reason for his discharge; rather, he was separated due to a reduction in force ("RIF").

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