Attorney(s) appearing for the Case
Charles W. Newcom of Sherman & Howard, Denver, Colo., for defendant-appellant.
Richard G. Sander of Zerobnick & Sander, P.C., Denver, Colo. (Martin Zerobnick and Gwen Jarahian Young of Zerobnick & Sander, P.C., Denver, Colo., and John O. Walker, Fort Collins, Colo., with him on the brief), for plaintiff-appellee.
Before SEYMOUR and EBEL, Circuit Judges, and RUSSELL, District Judge.
United States Court of Appeals, Tenth Circuit.
SEYMOUR, Circuit Judge.
Frank Spulak sued K Mart Corporation under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq. (1982), alleging that he was constructively discharged from his employment with K Mart as a result of illegal age discrimination. He also asserted a pendent state claim for age discrimination and for extreme and outrageous conduct. The jury returned a verdict in favor of Spulak on the ADEA claim and awarded him...
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