WHALEN v. UNIT RIG, INC.

No. 91-5069.

974 F.2d 1248 (1992)

John W. WHALEN, Plaintiff-Appellee, v. UNIT RIG, INC., a Delaware Corporation; Terex Corporation, a Delaware Corporation; MRL Acquisition Corporation, a Delaware Corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

On Rehearing October 20, 1992.


Attorney(s) appearing for the Case

J. Patrick Cremin of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. (with Frank M. Hagedorn on the briefs) Tulsa, Okl., for defendants-appellants.

J. Douglas Mann of Rosenstein, Fist & Ringold (with Eric P. Nelson on the briefs) Tulsa, Okl., for plaintiff-appellee.

Before McKAY, Chief Judge, McWILLIAMS, Circuit Judge, and EISELE, District Judge.


McKAY, Chief Judge.

This age discrimination lawsuit arises from actions taken during a corporate acquisition. Plaintiff won a jury verdict and judgment for damages, attorney's fees, costs and expenses. Defendant companies appeal, arguing that plaintiff failed to prove his case and that the district court made various errors at trial. We affirm.

Unit Rig and Equipment Company ("URE"), after several years of financial...

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