BARBER v. CSX DISTRIBUTION SERVICES

Nos. 94-3604, 94-3653.

68 F.3d 694 (1995)

Simon A. BARBER, Appellant No. 94-3604, v. CSX DISTRIBUTION SERVICES, a Unit of CSX Transportation, Inc.; CSX Transportation, Inc., Appellants No. 94-3653.

United States Court of Appeals, Third Circuit.

Decided October 16, 1995.


Attorney(s) appearing for the Case

Theodore J. Kukunas (argued), Pittsburgh, PA, for Simon A. Barber.

Frederick W. Bode, III (argued), Dickie, McCamey & Chilcote, Pittsburgh, PA, for CSX Distribution Services and CSX Transportation, Inc.

Before: NYGAARD and McKEE, Circuit Judges and FULLAM, District Judge.


OPINION OF THE COURT

McKEE, Circuit Judge.

Simon A. Barber appeals from the district court's entry of judgment in favor of his employer, CSX Transportation, Inc., following a jury verdict in favor of Barber. Barber sued under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (1988) ("ADEA"), alleging discriminatory failure to promote and retaliation for his assertion of his discrimination claim. Although we agree that defendants...

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