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COKE v. GENERAL ADJUSTMENT BUREAU, INC.

No. 77-2874.

640 F.2d 584 (1981)

W. B. COKE, Jr., Plaintiff-Appellant, v. GENERAL ADJUSTMENT BUREAU, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 23, 1981.

Attorney(s) appearing for the Case

Edward B. Cloutman, III, Dallas, Tex., for plaintiff-appellant.

Lutz Alexander Prager, Kenneth James Burchfiel, Appellate Div. EEOC, Washington, D. C., for amicus.

Kalvin M. Grove, Burton L. Reiter, Lawrence Cohen, Chicago, Ill., for defendant-appellee.

Before GODBOLD, Chief Judge, and BROWN, COLEMAN, AINSWORTH, CHARLES CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON, THOMAS A. CLARK and WILLIAMS, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

W. B. Coke, Jr. brought this suit under the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C.A. §§ 621 et seq. (1975), alleging that General Adjustment Bureau, Inc. (GAB) unlawfully discriminated against him on account of his age by demoting him. GAB moved for summary judgment. The basis of GAB's motion was that § 626(d)(1) requires an aggrieved employee...

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