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BERNDT v. KAISER ALUMINUM & CHEMICAL SALES, INC.

Nos. 85-1488, 85-1518.

789 F.2d 253 (1986)

Carl F. BERNDT v. KAISER ALUMINUM & CHEMICAL SALES INC., Appellant in No. 85-1488. Carl F. BERNDT v. KAISER ALUMINUM & CHEMICAL SALES INC. Appeal of Carl F. BERNDT, in No. 85-1518.

United States Court of Appeals, Third Circuit.

Decided May 6, 1986.

As Amended May 21, 1986.

Attorney(s) appearing for the Case

Ronald H. Surkin, Blank, Rome, Comisky & McCauley, Philadelphia, Pa., for Kaiser.

Thomas P. Preston, Duane, Morris & Heckscher, Philadelphia, Pa., for Berndt.

Before: HUNTER and MANSMANN, Circuit Judges and BROTMAN, District Judge

Submitted Pursuant to Third Circuit Rule 12(6) March 20, 1986.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In these cross-appeals1 after a jury verdict for the plaintiff in this case brought pursuant to Section VII of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., we are asked to review, inter alia, two issues which have not yet been squarely dealt with by our court: 1)...

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