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NELSON v. J.C. PENNEY CO., INC.

Nos. 95-1253, 95-1305.

70 F.3d 962 (1995)

Dale NELSON, Appellee/Cross-Appellant, v. J.C. PENNEY COMPANY, INC., Appellant/Cross-Appellee. Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided November 21, 1995.

Attorney(s) appearing for the Case

P. Kevin Connelly, Chicago, IL, argued (Michael J. Sheehan and Michael H. Cramer, Chicago, IL and Douglas L. Phillips, Sioux City, IA, on the brief), for appellant.

James C. Zalewski, Lincoln, NE, argued (Emmanual S. Bikakis, Sioux City, IA, on the brief), for appellee.

Before LOKEN, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Dale Nelson began working for J.C. Penney department stores in 1960. In 1983, he became the manager of a store in Iowa. In late 1990, he was transferred to become the manager of a smaller store in North Dakota. Four and a half months later, shortly after he turned 55, he was fired.

Mr. Nelson sued Penney in federal court in Iowa in late 1991, alleging age discrimination, retaliatory discharge (he had filed an age discrimination...

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