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SMITH v. FARAH MFG. CO., INC.

No. 80-1387.

650 F.2d 64 (1981)

C. W. SMITH, Plaintiff-Appellant, v. FARAH MANUFACTURING COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

July 6, 1981.

Attorney(s) appearing for the Case

Pearson, Caballero & Warach, Raymond C. Caballero, El Paso, Tex., for plaintiff-appellant.

Kolodey & Thomas, Robert Frank Maris, Dallas, Tex., for defendant-appellee.

Before CHARLES CLARK and GEE, Circuit Judges, and SPEARS, District Judge.

CHARLES CLARK, Circuit Judge:

The plaintiff, C. W. Smith, brought this action under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., claiming that his employer, Farah Manufacturing Company, had discharged him because of his age. After a nonjury trial, the district court found that Farah had terminated Smith's employment as a part of a wholesale reduction in work force and not because of his age. The district court's factual findings are...

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