No. 88-1654.

877 F.2d 1106 (1989)

William B. SMITH, Plaintiff, Appellant, v. MASSACHUSETTS INSTITUTE OF TECHNOLOGY, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 22, 1989.

As Amended June 27, 1989.

Attorney(s) appearing for the Case

Scott A. Lathrop, P.C., for plaintiff, appellant.

Estelle D. Franklin, Charles A. Shanor, Gen. Counsel, Gwendolyn Young Reams, Washington, D.C., Associate Gen. Counsel, and Lorraine C. Davis, Asst. Gen. Counsel, on brief for the E.E.O.C., amicus curiae.

Robert E. Sullivan with whom Judith A. Malone, Margaret Wood Hassan and Palmer & Dodge, Boston, Mass., were on brief, for defendants, appellees.

Before BOWNES and BREYER, Circuit Judges, and GRAY, Senior District Judge.

BOWNES, Circuit Judge.

Plaintiff-appellant, William B. Smith, appeals a jury verdict finding that defendants-appellees, Massachusetts Institute of Technology and MIT Lincoln Laboratory, did not violate the Age Discrimination In Employment Act, 29 U.S.C. §§ 621-634, by giving him disproportionately low salary increases and subsequently terminating his employment. Plaintiff raises three issues on appeal: erroneous jury instructions; the district court's refusal...

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