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O'CONNOR v. CONSOLIDATED COIN CATERERS CORP.

No. 94-1214.

56 F.3d 542 (1995)

James O'CONNOR, Plaintiff-Appellant, v. CONSOLIDATED COIN CATERERS CORPORATION, Defendant-Appellee, Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided April 21, 1995.

Amended Opinion June 8, 1995.

Attorney(s) appearing for the Case

ARGUED: George Daly, George Daly, P.A., Charlotte, NC, for plaintiff-appellant. Barbara L. Sloan, E.E.O.C., Washington, DC, for amicus curiae. James Bernard Spears, Jr., Haynsworth, Baldwin, Johnson & Greaves, P.A., Charlotte, NC, for defendant-appellee. ON BRIEF: Sharon Samek, George Daly, P.A., Charlotte, NC, for plaintiff-appellant. James R. Neely, Jr., Deputy Gen. Counsel, Gwendolyn Young Reams, Associate Gen. Counsel, and Lorraine C. Davis, Asst. Gen. Counsel, E.E.O.C., Washington, DC, for amicus curiae. Jacob J. Modla, Haynsworth, Baldwin, Johnson & Greaves, P.A., Charlotte, NC, for defendant-appellee.

Before HAMILTON and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by published opinion. Judge HAMILTON wrote the opinion, in which Judge LUTTIG joined. Senior Judge BUTZNER wrote a separate opinion, concurring in part and dissenting in part.

OPINION

HAMILTON, Circuit Judge:

James O'Connor (O'Connor) brought a claim against Consolidated Coin Caterers Corporation (Consolidated) pursuant to the Age Discrimination in Employment Act (ADEA), 29 U.S.C.A. §§ 621-634 (West 1985 & Supp.1994), contending...

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