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ATKIN v. LINCOLN PROPERTY CO.

No. 92-1587.

991 F.2d 268 (1993)

Jean ATKIN, Administratrix of the Estate of Alvin A. Atkin, Plaintiff-Appellee, v. LINCOLN PROPERTY COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 22, 1993.

Attorney(s) appearing for the Case

Scott A. Scher, Rubinstein & Perry, Dallas, TX, for defendant-appellant.

Noemi Allesandra Collie, Dallas, TX, for plaintiff-appellee.

Before POLITZ, Chief Judge, JOLLY, and DAVIS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Alvin Atkin, 63 years old, returned to work after an extended medical leave of absence only to discover that his employer, Lincoln Property Company, had replaced him with a younger employee. Atkin filed suit against Lincoln alleging that Lincoln had terminated him because of his age in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634. A jury agreed and returned a verdict in favor of Atkin for...

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