McCUEN v. HOME INS. CO.

No. 80-5109 Summary Calendar.

633 F.2d 1150 (1981)

John F. McCUEN, Plaintiff-Appellant, v. HOME INSURANCE COMPANY, a New Hampshire Corporation, and Home Indemnity Company, a New Hampshire Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

January 5, 1981.


Attorney(s) appearing for the Case

Charles K. George, Miami, Fla., for plaintiff-appellant.

Mershon, Sawyer, Johnston, Dunwody & Cole, Aubrey V. Kendall, Jeffrey R. Surlas, Miami, Fla., Kelley, Drye & Warren, Eugene T. D'Ablemont, Paul L. Bressan, New York City, for defendants-appellees.

Before RONEY, FRANK M. JOHNSON, Jr. and HENDERSON, Circuit Judges.


PER CURIAM:

Plaintiff appeals from summary judgment in this age discrimination case. We hold that under the facts in this case plaintiff, who was discharged, was not required to show he was replaced by someone in the nonprotected group in order to assert a claim under the Age Discrimination in Employment Act, 29 U.S.C.A. §§ 621-634 (1967) (ADEA). We reverse and remand for further proceedings.

Defendant Home Insurance Company hired plaintiff in 1962...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases