OLITSKY v. SPENCER GIFTS, INC.

No. 87-1231.

842 F.2d 123 (1988)

John D. OLITSKY, Plaintiff-Appellee, Cross-Appellant, v. SPENCER GIFTS, INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 11, 1988.


Attorney(s) appearing for the Case

Max L. Lieberman, Pelino & Lentz, Philadelphia, Pa., Paul M. Eskildsen, Lawrence D. Levien, Washington, D.C., for defendant-appellant cross-appellee.

Hal K. Gillespie, Hicks, Gillespie, James & Lesser, Dallas, Tex., for plaintiff-appellee cross appellant.

Before THORNBERRY, GEE, and POLITZ, Circuit Judges.


THORNBERRY, Circuit Judge:

In December 1983, Spencer Gifts, Inc. fired John D. Olitsky from his position as merchandise manager. Olitsky was 53 years old. After unsuccessful efforts at conciliation by the Equal Employment Opportunity Commission, Olitsky brought this discrimination case in federal district court, alleging violations of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634 and the...

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