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NORMAND v. RESEARCH INSTITUTE OF AMERICA, INC.

No. 90-4328.

927 F.2d 857 (1991)

Simms T. NORMAND, Plaintiff-Appellant, v. The RESEARCH INSTITUTE OF AMERICA, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 2, 1991.

Attorney(s) appearing for the Case

Henry C. Walker, Walker, Tooke, Perlman, Lyons & Greer, Shreveport, La., Andrew C. Partee, Jr., Partee & Evans, New Orleans, La., for plaintiff-appellant.

A. Richard Gear, Cook, Yancey, King & Galloway, Shreveport, La., Eugene D. Ulterino, Nixon, Hargrave, Devans & Doyle, Rochester, N.Y., Abbie Reardon, Nixon, Hargrave, Devans & Doyle, New York City, for defendant-appellee.

Before POLITZ, WILLIAMS, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Plaintiff-appellant Simms T. Normand sued Research Institute of America, Inc., (RIA) for constructive discharge in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-34. The jury returned a special verdict finding that: RIA constructively discharged Normand; RIA discriminated against Normand because of his age; RIA's conduct was willful; and Normand mitigated his damages. RIA moved for judgment notwithstanding...

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