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OLITSKY v. SPENCER GIFTS, INC.

No. 91-1010.

964 F.2d 1471 (1992)

John D. OLITSKY, Plaintiff-Appellee, Cross-Appellant, v. SPENCER GIFTS, INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

On Petition for Rehearing July 28, 1992.

Attorney(s) appearing for the Case

Carol Stephenson, Akin, Gump, Strauss, Dallas, Tex., Lawrence D. Levien, Roxane N. Sokolove, Washington, D.C., for defendant-appellant, cross-appellee.

Hal K. Gillespie, Gillespie, Rozen & Tanner, Dallas, Tex., for plaintiff-appellee, cross-appellant.

Paul Bogas, E.E.O.C., Donald R. Livingston, Washington, D.C., for amicus curiae E.E.O.C.

Before BROWN, KING and WIENER, Circuit Judges.

WIENER, Circuit Judge:

Spencer Gifts, Inc. (Spencer) appeals a judgment against it for firing John D. Olitsky in violation of the Age Discrimination in Employment Act (ADEA)1 and the Employee Retirement Income Security Act (ERISA).2 Olitsky cross-appeals, arguing that the district court erroneously refused to double the jury's award of front pay as liquidated damages under the ADEA. Finding no merit to the...

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