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OLIVERA v. NESTLE PUERTO RICO, INC.

No. 90-1363.

922 F.2d 43 (1990)

Hugo V. OLIVERA, Plaintiff, Appellant, v. NESTLE PUERTO RICO, INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 27, 1990.

As amended January 4, 1990.

Rehearing and Rehearing Denied February 15, 1991.

Attorney(s) appearing for the Case

James A. Toro, San Juan, P.R., with whom Nachman & Fernandez Sein, Santurce, P.R., were on brief, for appellant.

Jay A. Garcia-Gregory, with whom Jose A. Silva-Cofresi and Fiddler, Gonzalez & Rodriguez, San Juan, P.R., were on brief, for appellees.

Paul Bogas with whom Donald R. Livingston, Acting Gen. Counsel, Gwendolyn Young Reams, Associate Gen. Counsel, and Vella M. Fink, Washington, D.C., Asst. Gen. Counsel, were on brief, for amicus curiae EEOC.

Before TORRUELLA, Circuit Judge, BOWNES, Senior Circuit Judge, and WOODLOCK, District Judge.

Rehearing and Rehearing En Banc Denied February 15, 1991.

BOWNES, Senior Circuit Judge.

This is an appeal in an age discrimination in employment case by the plaintiff-employee, Hugo V. Olivera from a summary judgment for defendant-employer, Nestle Puerto Rico, Inc. The cause of action arises under the Age Discrimination In Employment Act (ADEA), 29 U.S.C. § 626(c).

Plaintiff started working for defendant in March of 1982 as marketing manager....

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