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MURPHY v. AMERICAN MOTORS SALES CORPORATION

Nos. 76-2718 and 76-2772.

570 F.2d 1226 (1978)

Henry H. MURPHY, Plaintiff-Appellee, v. AMERICAN MOTORS SALES CORPORATION, Defendant-Appellant. Jerry S. WILSON, Plaintiff-Appellee, v. AMERICAN MOTORS SALES CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 4, 1978.

Attorney(s) appearing for the Case

Charles H. Kirbo, Charles M. Shaffer, Jr., Atlanta, Ga., for defendant-appellant.

Vincent W. Roses, Jr., L. Burke Lewis, Atlanta, Ga., for plaintiffs-appellees.

Robert E. Williams, Washington, D. C., for amicus curiae Equal Employment Advisory Council.

Before AINSWORTH and MORGAN, Circuit Judges, and LYNNE, District Judge.

PER CURIAM:

American Motors Sales Corporation has brought this interlocutory appeal from the trial court's ruling that an individual who brings a private action under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621, et seq. (ADEA), is entitled to recover punitive damages and to a trial by jury.

In Dean v. American Sec. Ins. Co., 559 F.2d 1036 (5th Cir. 1977), we definitively held that punitive...

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