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PERRELL v. FINANCEAMERICA CORP.

Nos. 82-2113, 82-2155.

726 F.2d 654 (1984)

Carroll J. PERRELL, Plaintiff-Appellee/Cross-Appellant, v. FINANCEAMERICA CORPORATION, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 19, 1984.

Attorney(s) appearing for the Case

Walter L. Reardon, Jr., Albuquerque, N.M. (James K. Hansen, Albuquerque, N.M., with him on the brief), of Walter L. Reardon, Jr., P.A., Albuquerque, N.M., for plaintiff-appellee/cross-appellant.

John A. Mitchell, Santa Fe, N.M. (Leonard S. Katz and Jonathan Morse, Santa Fe, N.M., with him on the brief) of Mitchell, Alley & Rubin, Santa Fe, N.M., for defendant-appellant/cross-appellee.

Before SETH, Chief Judge, McKAY, Circuit Judge, and BOHANON, Senior District Judge.

BOHANON, Senior District Judge.

Plaintiff, Carroll J. Perrell, brought this action pursuant to the provisions of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (hereinafter ADEA). Suing his employer FinanceAmerica Corporation (hereinafter FinanceAmerica), Mr. Perrell alleged that he was subjected to age discrimination that resulted in an employment alternative of accepting a demotion or being discharged by the employer.

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