MITCHELL v. WORLDWIDE UNDERWRITERS INS. CO.

No. 91-8737.

967 F.2d 565 (1992)

Clayton Earl MITCHELL, Sr., Plaintiff-Appellant, v. WORLDWIDE UNDERWRITERS INSURANCE COMPANY, a/k/a and a part of Worldwide Underwriters Insurance Group and Worldwide Insurance Group, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 4, 1992.


Attorney(s) appearing for the Case

C. Sam Thomas, P.C., Timothy J. Burson, Bovis, Kyle & Burch, Atlanta, Ga., for plaintiff-appellant.

Michael D. Kaufman, Robert H. Buckler, Alston & Bird, Atlanta, Ga., for defendant-appellee.

Before KRAVITCH and DUBINA, Circuit Judges, and RONEY, Senior Circuit Judge.


RONEY, Senior Circuit Judge:

We here hold that a prima facie case for age discrimination is not established under the McDonnell Douglas test so as to avoid summary judgment for the employer when the terminated employee shows his work has been assigned to an independent contractor corporation, even though that corporation employs younger employees to do the work. Not having been replaced by an employee outside the protected age group, the plaintiff failed...

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