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KELLY v. AMERICAN STANDARD, INC.

Nos. 79-4005, 79-4081.

640 F.2d 974 (1981)

Andrew P. KELLY, Plaintiff-Appellee, v. AMERICAN STANDARD, INC., a foreign Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 23, 1981.

Rehearing and Rehearing Denied April 23, 1981.

Attorney(s) appearing for the Case

Michael J. Cronin, Spokane, Wash., for defendant-appellant.

Michael J. McMahon and Michael J. Myers, Randall & Danskin, Spokane, Wash., for plaintiff-appellee.

Before VAN DUSEN, Senior Circuit Judge, ANDERSON and BOOCHEVER, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 23, 1981.

BOOCHEVER, Circuit Judge.

This appeal involves the proper measures of damage recovery under the Age Discrimination in Employment Act of 1967, Pub.L. 90-202, 81 Stat. 602 (1967) (codified at 29 U.S.C. § 621 et seq.) (ADEA), as well an an evaluation of the district court's jury instructions. The jury awarded Kelly damages for lost wages and pension benefits, business start-up costs, and emotional...

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