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RAWSON v. SEARS, ROEBUCK & CO.

Nos. 85-1223, 85-2366.

822 F.2d 908 (1987)

Gary RAWSON, Plaintiff-Appellee, v. SEARS, ROEBUCK & CO., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 28, 1987.

Attorney(s) appearing for the Case

David M. Ebel, Davis, Graham & Stubbs, Denver, Colo. (Andrew M. Low, Davis, Graham & Stubbs, Denver, Colo., and James A. Carleo, Colorado Springs, Colo., with him on the brief), for plaintiff-appellee.

Charles G. Bakaly, Jr., O'Melveny & Myers, Los Angeles, Cal. (Ann Kane Smith, Alhambra, Cal., Gregory A. Eurich and Charles M. Johnson, Holland & Hart, Denver, Colo., and Debra L. Boyd and Joanne B. O'Donnell, O'Melveny & Myers, Los Angeles, Cal., with him on the briefs), for defendant-appellant.

Robert E. Williams, Douglas S. McDowell and Thomas R. Bagby, P.C., McGuiness & Williams, Washington, D.C., on the brief, for amicus curiae Equal Employment Advisory Council.

Before McKAY and ANDERSON, Circuit Judges, and BOHANON, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

Sears, Roebuck & Company appeals from a denial of post trial motions relating to a $19,096,495.01 judgment against it, plus $11,096.54 in costs, in an age discrimination case. The action was brought by Gary Rawson, a former Sears' employee and store manager, whom Sears fired at age 59.

Rawson was employed by Sears for thirty-three years, becoming manager of the Sears store in Pueblo, Colorado, in 1965, where he served...

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