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BRISTOW v. DAILY PRESS, INC.

Nos. 84-2021(L), 84-2039.

770 F.2d 1251 (1985)

James B. BRISTOW, Appellee, v. The DAILY PRESS, INC., Appellant. James B. BRISTOW, Appellant, v. The DAILY PRESS, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 22, 1985.

Attorney(s) appearing for the Case

John P. Connors, Washington, D.C. (William J. Butler, Jr., Hanson, O'Brien, Birney & Butler, Washington, D.C., Bernard J. DiMuro, Charles M. Rust-Tierney, Hirschkop & Grad, P.C., Alexandria, Va., on brief), for appellant/cross-appellee.

Frederick E. Popovitch, Point Pleasant, N.J. (William H. McKinnon, Popovitch & Popovitch, Point Pleasant, N.J., on brief), for appellee/cross-appellant.

Before RUSSELL and WILKINSON, Circuit Judges, and KNAPP, Senior United States District Judge for the Southern District of West Virginia, sitting by designation.

WILKINSON, Circuit Judge:

This appeal presents a question of constructive discharge in the law of employment discrimination. Plaintiff James B. Bristow brought suit against his former employer, The Daily Press, Inc., under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 (1982) et seq., complaining that he had been denied promotions and forced to resign because of his age. The case was tried before a jury, which found for the employer on...

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