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McLAWHORN v. JOHN W. DANIEL & CO., INC.

No. 90-1748.

924 F.2d 535 (1991)

Lester C. McLAWHORN, Plaintiff-Appellant, v. JOHN W. DANIEL & COMPANY, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 30, 1991.

As Amended February 26, 1991.

Attorney(s) appearing for the Case

Jay J. Levit (argued), Levit & Mann, P.C., Richmond, Va., for plaintiff-appellant.

John S. Barr (argued), James A. Lofton, Yvonne S. Wellford (on brief), Maloney, Yeatts & Barr, P.C., Richmond, Va., for defendant-appellee.

Before RUSSELL and SPROUSE, Circuit Judges, and TILLEY, United States District Judge for the Middle District of North Carolina, sitting by designation.

PER CURIAM:

Lester C. McLawhorn brought an age discrimination claim, under the Age Discrimination in Employment Act, in federal district court against his former employer, John W. Daniel and Company (Daniel). Daniel moved for summary judgment and, after a hearing, the Court granted this motion. McLawhorn did not appeal the grant of summary judgment, but instead, three and one-half months later, moved for relief from this order under Federal Rule of Civil Procedure...

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