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LEWIS v. FEDERAL PRISON INDUSTRIES, INC.

Nos. 88-3570, 88-3774.

953 F.2d 1277 (1992)

John H. LEWIS, Plaintiff-Appellant, v. FEDERAL PRISON INDUSTRIES, INC., a corporation chartered under the laws of the United States, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 18, 1992.

Attorney(s) appearing for the Case

Terrence T. Dariotis, Kahn & Dariotis, Michael R. Kercher, David K. Miller, Broad & Cassel, Tallahassee, Fla., for plaintiff-appellant in No. 88-3570.

Terrence T. Dariotis, M. Stephen Turner, Michael R. Kercher, David K. Miller, Tallahassee, Fla., for plaintiff-appellant, in No. 88-3774.

Kenneth W. Sukhia, Asst. U.S. Atty., Tallahassee, Fla., for defendant-appellee.

Before TJOFLAT, Chief Judge, BIRCH, Circuit Judge, and HILL, Senior Circuit Judge.

HILL, Senior Circuit Judge:

Appellant, a former employee of appellee, Federal Prison Industries, challenges the district court's conclusion that, although appellant established his case of constructive discharge in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 633a, appellee's offer of reinstatement six weeks after his discharge "cut off" his right to recover lost wages and benefits. Although normally such an offer would indeed terminate...

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