No. 1416, Docket 91-7089.

936 F.2d 112 (1991)

Eugene A. BAY, Plaintiff-Appellant, v. TIMES MIRROR MAGAZINES, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 25, 1991.

Attorney(s) appearing for the Case

Leonard N. Flamm (Norman Mednick, Jill Schwartz, New York City, of counsel), for plaintiff-appellant.

Stephen E. Tallent (M. Chinta Gaston, Gibson Dunn & Crutcher, New York City, of counsel), for defendant-appellee.

Before OAKES, Chief Judge, WINTER, Circuit Judge, and MUKASEY, District Judge.

WINTER, Circuit Judge:

This age discrimination action, brought by a former employee of Times Mirror Magazines, Inc. ("Times Mirror"), has its genesis in Times Mirror's acquisition in 1987 of Field & Stream magazine from Diamandis Communications, Inc. ("Diamandis"). Appellant Eugene Bay alleges that, after purchasing the magazine, Times Mirror deliberately eliminated the magazine's most senior, highly compensated employees, including Bay. Following discovery...

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