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BINDER v. LONG ISLAND LIGHTING CO.

No. 838, Docket 90-7815.

933 F.2d 187 (1991)

Donald BINDER, Plaintiff-Appellant, v. LONG ISLAND LIGHTING COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 22, 1991.

Attorney(s) appearing for the Case

Lawrence C. Downes, New York City (Gilroy Downes & Horowitz, New York City, of counsel), for plaintiff-appellant.

Mindy S. Novick, Hicksville, N.Y. (Cynthia R. Clark, Hicksville, N.Y., of counsel), for defendant-appellee.

Before KEARSE, WINTER and ALTIMARI, Circuit Judges.

WINTER, Circuit Judge:

Donald Binder, a former employee of Long Island Lighting Company ("LILCO"), claims that he was forced to accept early retirement because of age discrimination. Based on affidavits from various witnesses, the district court granted summary judgment in favor of LILCO, and Binder appealed. We reverse on the ground that Binder has produced unrebutted evidence sufficient to allow a jury to find in his favor.

BACKGROUND

In 1955,...

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