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McCORSTIN v. UNITED STATES STEEL CORP.

No. 78-1957.

621 F.2d 749 (1980)

James B. McCORSTIN, Jr., Plaintiff-Appellant, v. UNITED STATES STEEL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 16, 1980.

Attorney(s) appearing for the Case

G. Daniel Evans, Birmingham, Ala., for plaintiff-appellant.

Thomas, Taliaferro, Forman, Burr & Murray, J. Fredric Ingram, Birmingham, Ala., for United States Steel.

Before HILL, KRAVITCH and THOMAS A. CLARK, Circuit Judges.

KRAVITCH, Circuit Judge.

In this appeal this court must decide the parameters of a prima facie case filed under the Age Discrimination in Employment Act. The action was filed by a former employee of U.S. Steel Corporation who had given notice to the Secretary of Labor alleging violations of the ADEA. During pretrial, the district court denied the appellant's motion for class certification on the ground that the members of...

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