McDOWELL v. AVTEX FIBERS, INC.

Nos. 83-1434, 83-1455.

740 F.2d 214 (1984)

McDOWELL, Robert, Appellant in No. 83-1455, v. AVTEX FIBERS, INC., Appellant in No. 83-1434.

United States Court of Appeals, Third Circuit.

Decided July 12, 1984.


Attorney(s) appearing for the Case

Thomas A. Allen (argued), Peter J. Mooney, White & Williams, Philadelphia, Pa., for appellant, cross-appellee.

Alice W. Ballard (argued), Anna M. Durbin, Samuel & Ballard, P.C., Philadelphia, Pa., for appellee, cross-appellant.

Before ALDISERT, HIGGINBOTHAM and PECK, Circuit Judges.


OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This case arises from a claim of age discrimination under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 626(b) (1976 & Supp. IV 1980). Plaintiff/appellee Robert L. McDowell ("McDowell") initiated the underlying action against Avtex Fibers, Inc. ("Avtex"), alleging that his discharge violated the ADEA. A jury found in favor of McDowell on the issue of liability, but the...

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