SCHWAGER v. SUN OIL COMPANY OF PENNSYLVANIA

No. 77-1515.

591 F.2d 58 (1979)

Paul G. SCHWAGER, Appellant, v. SUN OIL COMPANY OF PENNSYLVANIA, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided April 2, 1979.

Rehearing Denied May 4, 1979.


Attorney(s) appearing for the Case

Clee Fitzgerald of Fitzgerald, Houston & Worthington, Stillwater, Okl., for appellant.

C. Harold Thweatt of Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., for appellee.

Before SETH, Chief Judge, and BARRETT and LOGAN, Circuit Judges.


BARRETT, Circuit Judge.

Paul G. Schwager (Schwager) appeals from an adverse judgment after trial to the court. Jurisdiction vests by reason of 29 U.S.C. § 626.

On November 30, 1972, Schwager was permanently discharged from employment with Sun Oil Company of Pennsylvania (Sun Oil). As a result, Schwager brought suit against Sun Oil claiming that he was unlawfully discharged because of his age, in violation of the Age Discrimination in Employment Act of...

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