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KRISTUFEK v. HUSSMANN FOODSERVICE CO.

Nos. 91-3487, 91-3552.

985 F.2d 364 (1993)

Arthur N. KRISTUFEK, Plaintiff-Appellant, and Mary McPherson, Plaintiff/Cross-Appellee, v. HUSSMANN FOODSERVICE COMPANY, TOASTMASTER DIVISION, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 10, 1993.

Rehearing and Rehearing Denied April 29, 1993.

Attorney(s) appearing for the Case

William T. Coleman (argued), Susan M. Langlotz, Edward J. Whalen, Hedberg, Tobin, Flaherty & Whalen, Chicago, IL, for Mary McPherson and Arthur N. Kristufek.

Michael G. Cleveland (argued), Janet M. Hedrick, Vedder, Price, Kaufman & Kammholz, Chicago, IL, for Hussmann Foodservice Co., Toastmaster Div.

Before COFFEY and FLAUM, Circuit Judges, and WOOD, Jr., Senior Circuit Judge.

Rehearing and Rehearing In Banc Denied April 29, 1993.

HARLINGTON WOOD, Jr., Senior Circuit Judge.

The two plaintiffs, Arthur N. Kristufek and Mary McPherson, former employees of defendant Hussmann Foodservice Company, Toastmaster Division, ("Hussmann") in a three-count complaint filed in June 1987 charged defendant with violations under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. ("ADEA"). Kristufek charged in Count I he...

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