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RAYMOND v. MOBIL OIL CORP.

No. 93-1159.

7 F.3d 184 (1993)

Frederic RAYMOND; J.A. Morrison; Robert G. Jacobsen; Donald F. Hill; George Liveris; Robert Irwin; A.D. Bond; Virginia Howard; Ira S. Reavis; Billy Rhea Sargeant, for themselves and on behalf of others similarly situated, and others as opt in or consent plaintiffs pursuant to applicable federal law, Plaintiffs-Appellees, v. MOBIL OIL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 6, 1993.

Attorney(s) appearing for the Case

Michael E. Tigar (John G. Koeltl and Mary Ann Doyle, of Debevoise & Plimpton, New York City, and Harold A. Haddon, of Haddon, Morgan & Foreman, P.C., Denver, CO, with him on the briefs), Austin, TX, for defendant-appellant.

Rodney R. Patula (Ricardo M. Barrera, of Pryor, Carney & Johnson, P.C., with him on the brief), of Pryor, Carney & Johnson, P.C., Englewood, CO, for plaintiffs-appellees.

Before TACHA and SETH, Circuit Judges, and BRIGHT, Senior Circuit Judge.

TACHA, Circuit Judge.

Mobil Oil Corporation appeals under 28 U.S.C. § 1292(b) from an interlocutory order of the district court denying its motion for summary judgment on plaintiffs' claims under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-634. We reverse.

I. Background

This is an opt-in ADEA class action brought by former Mobil employees who retired under the same Mobil...

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