DUKE v. UNIROYAL INC.

Nos. 89-1830, 89-1834, 90-1750 and 90-1757.

928 F.2d 1413 (1991)

Jesse T. DUKE; Sidney W. Fox, Plaintiffs-Appellees, v. UNIROYAL INCORPORATED; Uniroyal Chemical Company, Incorporated, Defendants-Appellants, and Norman R. Barden; Joseph R. Bishop, Defendants. (Two Cases) Sidney W. FOX, Plaintiff-Appellant, Jesse T. Duke, Plaintiff, v. UNIROYAL INCORPORATED; Uniroyal Chemical Company, Incorporated, Defendants-Appellees, and Norman R. Barden; Joseph R. Bishop, Defendants. Jesse T. DUKE; Sidney W. Fox, Plaintiffs-Appellants, v. UNIROYAL INCORPORATED; Uniroyal Chemical Company, Incorporated, Defendants-Appellees, and Norman R. Barden; Joseph R. Bishop, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 1, 1991.

As Amended June 3, 1991.


Attorney(s) appearing for the Case

James Gunter Billings, Kimberly Jo Korando, Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, Raleigh, N.C., for defendants-appellants.

Lynn Fontana, argued (Joyce L. Davis, Crisp, Davis, Schwenter, Page & Currin, Raleigh, N.C., on brief), for plaintiffs-appellees.

Before SPROUSE and NIEMEYER, Circuit Judges, and MICHAEL, District Judge for the Western District of Virginia, sitting by designation.


NIEMEYER, Circuit Judge:

Jesse T. Duke and Sidney W. Fox were discharged from employment with Uniroyal Chemical Company, Inc. on August 15, 1985, as part of a reduction in force. They filed suit, contending that age was a determining factor in the decision to terminate them and that Uniroyal violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634 (1988). Following a two and one-half week jury trial, the jury returned a verdict and...

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