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FAULKNER v. SUPER VALU STORES, INC.

No. 91-1273.

3 F.3d 1419 (1993)

Herbert FAULKNER; Charles Titus; Edward J. Gonzales; Ralph Cravens; John Martinez; Alfred Acuna; Anthony Medina; and James Hodge, Plaintiffs-Appellants, v. SUPER VALU STORES, INC., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

September 1, 1993.

Attorney(s) appearing for the Case

Patricia A. Coan of Patricia A. Coan, P.C., Denver, CO, for plaintiffs-appellants.

Carl F. Eiberger (Paul F. Hodapp and Kay-Dawn Allen with him on the briefs), of Eiberger, Stacy, Smith & Martin, Denver, CO, for defendant-appellee.

Steven S. Zaleznick, Cathy Ventrell-Monsees, and Robert L. Liebross, American Ass'n of Retired Persons, Washington, DC, on the brief for amicus curiae American Ass'n of Retired Persons.

Before BRORBY, BARRETT, and EBEL, Circuit Judges.

BRORBY, Circuit Judge.

The plaintiffs/appellants submitted applications for vacant warehousemen positions at Super Valu Stores, Inc. but were not considered for the vacancies. Plaintiffs then brought an age discrimination action against Super Valu under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634 (1988). The jury returned a verdict in favor of Super Valu and the plaintiffs appeal, alleging various errors in the district court's...

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