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SEMPIER v. JOHNSON & HIGGINS

No. 94-5208.

45 F.3d 724 (1995)

Burt N. SEMPIER, Appellant, v. JOHNSON & HIGGINS.

United States Court of Appeals, Third Circuit.

Decided January 6, 1995.

Sur Petition for Rehearing With Suggestion for Rehearing February 14, 1995.

Attorney(s) appearing for the Case

Charles F. Waskevich, Jr. (argued), Riker, Danzig, Scherer, Hyland & Perretti, Morristown, NJ, for appellant.

John F. Cannon, Sullivan & Cromwell, New York City, Francis X. Dee (argued), Carpenter, Bennett & Morrissey, Newark, NJ, for appellee.

Before: BECKER, COWEN and GARTH, Circuit Judges.

Sur Petition for Panel Rehearing With Suggestion for Rehearing In Banc February 14, 1995.

OPINION OF THE COURT

GARTH, Circuit Judge:

On March 9, 1994, the district court granted summary judgment in favor of Johnson & Higgins ("J & H"), the employer of appellant Burt Sempier. Sempier now appeals the district court's grant of summary judgment on his Age Discrimination in Employment Act ("ADEA") claim, 29 U.S.C. § 623 (1988),

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