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GUTHRIE v. J.C. PENNEY CO., INC.

No. 85-4871 Summary Calendar.

803 F.2d 202 (1986)

William J. GUTHRIE, Plaintiff-Appellee/Cross-Appellant, v. J.C. PENNEY COMPANY, INC., Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

October 27, 1986.

Attorney(s) appearing for the Case

Peyton S. Irby, Jr., Christopher E. Hoyme, Jackson, Miss., Nelle M. Funderburk, James Allan Smith and Paul R. Beshears, Atlanta, Ga., for defendant-appellant/cross-appellee.

Williams, Glover, Walton & McAlilly, Stephen L. McAlilly, David Williams, Meridian, Miss., for plaintiff-appellee/cross-appellant.

Before REAVLEY, JOHNSON and DAVIS, Circuit Judges.

JOHNSON, Circuit Judge:

Defendant J.C. Penney Company appeals from a jury trial awarding back pay, liquidated damages, reinstatement, attorney's fees, and costs to one of its employees under the Age Discrimination in Employment Act (ADEA). 29 U.S.C. §§ 621-634. The employee, William J. Guthrie, appeals the dismissal of his pendant state claims for the intentional infliction of mental distress and breach of a fiduciary duty. The issues raised by both appeals...

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