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HOUSER v. SEARS, ROEBUCK & CO.

No. 79-4007 Summary Calendar.

627 F.2d 756 (1980)

William Kuykendall HOUSER (Lillie Belle Houser, survivor in community, substituted in place and stead of William Kuykendall Houser, deceased), Plaintiff-Appellant, v. SEARS, ROEBUCK & CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

October 10, 1980.

Attorney(s) appearing for the Case

Glenn & Houser, R. W. Bill Glenn, Bob Houser, Plano, Tex., for plaintiff-appellant.

Clark, West, Keller, Butler & Ellis, Allen Butler, Richard Leland Brooks, Dallas, Tex., for defendant-appellee.

Before BROWN, POLITZ and TATE, Circuit Judges.

TATE, Circuit Judge:

The plaintiff Houser brought this suit under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., alleging that his employer, Sears, terminated him because of his age. The jury rendered a verdict in favor of Houser, awarding him damages of $37,271.30; however, the trial court subsequently granted Sears' motion for a judgment notwithstanding the verdict. This appeal followed.1 Based on our...

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