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FORMBY v. FARMERS AND MERCHANTS BANK

Nos. 88-7466, 88-7467 and 88-7617.

904 F.2d 627 (1990)

Sarah FORMBY, Plaintiff-Appellee, v. FARMERS AND MERCHANTS BANK, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 28, 1990.

Attorney(s) appearing for the Case

J. Michael Cooper, Birmingham, Ala., Albert L. Shumaker, Burns, Shumaker & Burns, Centre, Ala., for defendant-appellant.

Donald R. Rhea, Clarence F. Rhea, Rhea, Boyd & Rhea, Gadsden, Ala., for plaintiff-appellee.

Before JOHNSON and ANDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

PER CURIAM:

This is the second appeal to this court by defendant Farmers & Merchants Bank ("the Bank"), challenging its liability to Sarah Formby for engaging in age discrimination in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-34. In its first appeal, the Bank challenged a jury determination that the Bank had intentionally discriminated against Formby because of her age. A panel of this court affirmed without opinion...

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