STOKES v. CITY OF OMAHA

No. 93-2288.

23 F.3d 1362 (1994)

Allen David STOKES, Plaintiff-Appellee, v. CITY OF OMAHA, Douglas County, Nebraska, a Municipal Corporation, Defendant-Appellant, P.J. Morgan, Mayor of the City of Omaha; Robert Wadman, Acting Chief of Omaha Police Department; Pitmon Foxall, Sr., Public Safety Director; George Strand, Acting Personnel Director, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided May 5, 1994.


Attorney(s) appearing for the Case

James E. Fellows, Omaha, NE, argued (Herbert M. Fitle and Alan M. Thelen, on the brief), for appellant.

Thomas F. Dowd, Omaha, NE, argued, for appellee.

Before McMILLIAN, WOLLMAN and MAGILL, Circuit Judges.


WOLLMAN, Circuit Judge.

The City of Omaha ("the City") appeals from the district court's judgment entered following a jury verdict in the amount of $2,700.00 in favor of Allen David Stokes on his claim that the City delayed his promotion to police sergeant because of his age, in violation of the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634. The City argues that the district court erred by denying its motion for judgment as a matter of law because...

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