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MOORE v. SEARS, ROEBUCK AND CO.

No. 80-9022.

683 F.2d 1321 (1982)

Calvin S. MOORE, Plaintiff-Appellant, v. SEARS, ROEBUCK AND COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 23, 1982.

Attorney(s) appearing for the Case

Ellsworth T. Simpson, Washington, D.C., Mary Ann B. Oakley, Atlanta, Ga., for plaintiff-appellant.

Sidney O. Smith, Jr., Alston, Miller & Gaines, John R. Crenshaw, Anne S. Rampacek, Atlanta, Ga., for defendant-appellee.

Before TUTTLE, HILL and JOHNSON, Circuit Judges.

JAMES C. HILL, Circuit Judge:

Calvin Moore brought this action against Sears, Roebuck and Company alleging violation of the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. §§ 621, 623. The jury verdict and judgment were entered in favor of Sears.

During the trial, Sears introduced a series of memoranda prepared by Moore's supervisors over a period of months. The memos, most of which are designated "for the file," contain observations...

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