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MOODY v. PEPSI-COLA METROPOLITAN BOTTLING CO., INC.

Nos. 89-1917, 89-2078.

915 F.2d 201 (1990)

Duane MOODY, Plaintiff-Appellee, v. PEPSI-COLA METROPOLITAN BOTTLING COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 20, 1990.

Rehearing and Rehearing Denied November 6, 1990.

Attorney(s) appearing for the Case

Martin J. Leavitt, Andrew W. Mychalowych, Andrew J. Haliw, III (argued), Sullivan & Leavitt, Northville, Mich., for plaintiff-appellee.

Richard E. Lieberman, Mark N. Woyar (argued), Robert T. Zielinski, Ross & Hardies, Chicago, Ill., Gregory V. Murray, Butzel, Long, Gust, Klein & Van Zile, Detroit, Mich., for defendant-appellant.

Before MILBURN and GUY, Circuit Judges; and TIMBERS, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied November 6, 1990.

MILBURN, Circuit Judge.

Defendant-appellant Pepsi-Cola Metropolitan Bottling Company, Inc., ("Pepsi") appeals from an amended judgment entered on a jury verdict for plaintiff-appellee Duane Moody in this action alleging breach of contract under Michigan's Toussaint doctrine1 and age discrimination in violation of both the Age Discrimination in Employment Act ("ADEA...

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