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SHERROD v. SEARS, ROEBUCK & CO.

No. 85-2351.

785 F.2d 1312 (1986)

Robert SHERROD, Plaintiff-Appellee, v. SEARS, ROEBUCK & COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 2, 1986.

Attorney(s) appearing for the Case

Richard R. Brann, Baker & Botts, Tony P. Rosenstein, Houston, Tex., for defendant-appellant.

Donna Cywinski, McKenna & Cywinski, Houston, Tex., for plaintiff-appellee.

Before JOLLY and HILL, Circuit Judges, and EDWIN F. HUNTER, District Judge.

ROBERT MADDEN HILL, Circuit Judge:

Sears, Roebuck & Company (Sears) appeals from a judgment entered on a jury verdict finding that Robert Sherrod's age was a determining factor in Sears' decision to terminate his employment. Because we conclude that the evidence was insufficient to support this finding, we reverse.

I. FACTS

Robert Sherrod, born on September 24, 1942, began his employment with Sears in 1968. Over the following years Sherrod worked...

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