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DOWNEY v. SOUTHERN NATURAL GAS CO.

No. 80-7370.

649 F.2d 302 (1981)

Stanford H. DOWNEY, Plaintiff-Appellant, v. SOUTHERN NATURAL GAS COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied August 2, 1981.

Attorney(s) appearing for the Case

Susan Williams Reeves, Birmingham, Ala., Ellen Kohn, Washington, D. C., for plaintiff-appellant.

Constangy, Brooks, Smith, Chris Mitchell, Birmingham, Ala., Charles A. Edwards, Atlanta, Ga., for defendant-appellee.

Before FAY and VANCE, Circuit Judges, and ALLGOOD, District Judge.

Rehearing and Rehearing En Banc Denied August 2, 1981.

VANCE, Circuit Judge:

Plaintiff Stanford H. Downey appeals from the summary judgment granted against him in his suit brought under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-34. Because we find that the district court erred in granting summary judgment on one of the plaintiff's claims, we affirm in part and reverse in part.

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