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WALKER v. PETTIT CONST. CO., INC.

Nos. 78-1411, 78-1488.

605 F.2d 128 (1979)

Morris T. WALKER, Appellee, v. PETTIT CONSTRUCTION COMPANY, INC., Appellant. Roy R. FRITH, Appellee, v. EASTERN AIR LINES, INC., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 5, 1979.

Rehearing of Denied and Rehearing of Granted December 4, 1979.

Attorney(s) appearing for the Case

William T. Covington, Jr., Charlotte, N. C. (Joseph B. C. Kluttz, Charlotte, N. C., Kennedy, Covington, Lobdell & Hickman, Charlotte, N. C., on brief), for appellant in 78-1488.

Thomas C. Bradley, Jr., Spartanburg, S. C., for appellant in 78-1411.

Daniel T. Stacey, Columbia, S. C. (C. Robert Faucette, Spartanburg, S. C., on brief), for appellee in 78-1411.

Eugene C. Hicks, III, Charlotte, N. C. (Hicks & Harris, Charlotte, N. C., on brief), for appellee in 78-1488.

Before WINTER, BUTZNER and WIDENER, Circuit Judges.

Rehearing of Plaintiff Denied and Rehearing of Defendant Granted December 4, 1979.

WINTER, Circuit Judge:

In each of these age discrimination suits, the defendant employer appeals from the ruling of the district court that damages for pain and suffering or mental anguish are recoverable in a suit brought under § 7 of the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 626. In addition, Pettit Construction Company (Pettit), the defendant...

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