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DUART v. FMC WYOMING CORP.

No. 94-8090.

72 F.3d 117 (1995)

Rohaida DUART, as Personal representative for John Raymond Duart, Plaintiff-Appellant, v. FMC WYOMING CORPORATION, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 18, 1995.

Attorney(s) appearing for the Case

Bruce S. Asay, Cheyenne, Wyoming, for Plaintiff-Appellant.

Stacy D. Shartin (and James A. Breslo of Seyfarth, Shaw, Fairweather & Geraldson, with her on the brief), Los Angeles, California, for Defendant-Appellee.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and JENKINS, Senior District Judge.

McWILLIAMS, Senior Circuit Judge.

On November 7, 1991, John Raymond Duart, then the age of 56 years, 10 months and 23 days, was hired by FMC Wyoming Corporation, a Delaware corporation, as an Engineer Electrical IV (Grade 20) at FMC's plant in Green River, Wyoming. On February 5, 1993, 1 year, 2 months and 29 days after he was hired, Duart was fired by FMC, Duart then being the age 58 years, 1 month and 21 days. The reason given by FMC for terminating Duart was that...

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