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GARRETT v. PHILLIPS MILLS, INC.

No. 82-2037.

721 F.2d 979 (1983)

Charles Franklin GARRETT, Appellant, v. PHILLIPS MILLS, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 23, 1983.

Attorney(s) appearing for the Case

William W. Walker, Winston-Salem, N.C. (C. Thomas Ross, Craige, Brawley, Liipfert & Ross, Winston-Salem, N.C., on brief), for appellant.

R. Cameron Cooke, Greensboro, N.C. (Christine P. Richards, Graham, Cooke, Miles & Bogan, Greensboro, N.C., on brief), for appellee.

Before SPROUSE and ERVIN, Circuit Judges, HAYNSWORTH, Senior Circuit judge.

SPROUSE, Circuit Judge:

This is an age discrimination case1 brought by Charles F. Garrett against Phillips Mills, Inc. (Phillips).2 Garrett, a salesman with Phillips, was terminated at age fifty-seven in May 1979. Following Garrett's testimony at trial, the district court found that Garrett, at the time of his termination, was not an employee, but provided his services to Phillips as an independent contractor...

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