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CROSLAND v. CHARLOTTE EYE, EAR AND THROAT HOSP.

Nos. 81-1292, 81-1293.

686 F.2d 208 (1982)

Lavinia M. CROSLAND, Appellee, v. CHARLOTTE EYE, EAR AND THROAT HOSPITAL, a North Carolina General Partnership; Nahum R. Pillsbury, Jr., as Administrator of Charlotte Eye, Ear and Throat Hospital and as Plan Administrator in the Employees' Pension Plan and Trust of Charlotte Eye, Ear and Throat Hospital; North Carolina National Bank as Trustee for the Employees' Pension Plan and Trust of Charlotte Eye, Ear and Throat Hospital, Appellants. Lavinia M. CROSLAND, Appellant, v. CHARLOTTE EYE, EAR AND THROAT HOSPITAL, a North Carolina General Partnership; Nahum R. Pillsbury, Jr., as Administrator of Charlotte Eye, Ear and Throat Hospital and as Plan Administrator in the Employees' Pension Plan and Trust of Charlotte Eye, Ear and Throat Hospital; North Carolina National Bank as Trustee for the Employees' Pension Plan and Trust of Charlotte Eye, Ear and Throat Hospital, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 12, 1982.

Attorney(s) appearing for the Case

James O. Cobb, Charlotte, N. C. (Ruff, Bond, Cobb, Wade & McNair, Charlotte, N. C., on brief), for appellant/cross appellee.

H. Morrison Johnston, Charlotte, N. C. (F. Thomas Miller, Jr., Miller, Johnston, Taylor & Allison, Charlotte, N. C., on brief), for appellee/cross appellant.

Before HALL, PHILLIPS and CHAPMAN, Circuit Judges.

JAMES DICKSON PHILLIPS, Circuit Judge:

Lavinia Crosland (claimant) appeals from a district court order granting summary judgment in her favor but denying her prayer for liquidated damages on a claim under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (ADEA). Her contention on appeal is that the district court, after concluding that her former employer unlawfully excluded her from participation in its employee pension plan, erred in...

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