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SMITH v. GREAT AMERICAN RESTAURANTS, INC.

Nos. 91-1793, 91-1864.

969 F.2d 430 (1992)

Lucille SMITH, Plaintiff-Appellant/Cross-Appellee, v. GREAT AMERICAN RESTAURANTS, INC., Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 24, 1992.

Attorney(s) appearing for the Case

Raymond J. Hafsten, Jr. (argued), Michael J. Cork, Indianapolis, Ind., for plaintiff-appellant.

Mark J.R. Merkle, Kreig, Devault, Alexander & Capehart, Indianapolis, Ind., Ted M. McKinniss (argued), John L. Ashworth, Ashworth & McKinniss, Marion, Ohio, for defendant-appellee.

Before BAUER, Chief Judge, CUDAHY, Circuit Judge, and WILL, Senior District Judge.

CUDAHY, Circuit Judge.

Lucille Smith prevailed against Great American Restaurants (GAR) on her claim brought under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634, and a jury awarded her damages for willful discrimination. The district court granted judgment notwithstanding the verdict (JNOV) on the issue of Smith's duty to mitigate, reducing the award of damages from $56,000 to $18,000 (before doubling for willfulness). On appeal,...

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