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SPULAK v. K MART CORP.

No. 86-2156.

894 F.2d 1150 (1990)

Frank L. SPULAK, Plaintiff-Appellee, v. K MART CORPORATION, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 18, 1990.

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.

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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