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YOUNG v. CITY OF HOUSTON, TEX.

No. 89-2587.

906 F.2d 177 (1990)

J. Bryant YOUNG, Plaintiff-Appellant, v. The CITY OF HOUSTON, TEXAS, The Civil Service Commission of the City of Houston, Kathryn J. Whitmire, Individually and in her official capacity as Mayor of the City of Houston, Lee Elliott Brown, Individually and in her official capacity as Director of Affirmative Action of the City of Houston, Douglas E. Hamel and Doris Rodriguez, in their official capacities as members of the Civil Service Commission of the City of Houston, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 20, 1990.

Attorney(s) appearing for the Case

Gregg M. Rosenberg, Houston, Tex., for plaintiff-appellant.

A.L. Dent, III, Paula A. Johnson, Fulbright & Jaworski, Houston, Tex., for defendants-appellees.

Before GARZA, HIGGINBOTHAM and DUHE, Circuit Judges.

GARZA, Circuit Judge:

The district court dismissed fired employee's race, sex and age discrimination actions at the close of employee's evidence at trial. Because we find that the employee was entitled to a jury determination on his claim of age discrimination, we REVERSE and REMAND in part and AFFIRM in part.

FACTS

Bryant Young, a white man, worked for the City of Houston as an Equal Opportunity specialist, and in 1981 became Section Chief in the...

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