RHODES v. GUIBERSON OIL TOOLS

No. 92-3770.

75 F.3d 989 (1996)

Calvin RHODES, Plaintiff-Appellee, v. GUIBERSON OIL TOOLS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 31, 1996.


Attorney(s) appearing for the Case

Joseph L. Waitz, Jr., Waitz & Downer, Houma, LA, for plaintiff-appellee.

Thomas Joseph Lutkewitte, Joseph Paul Demarest, Favret, Demarest, Russo & Lutkewitte, New Orleans, LA, Felix J. Springer, Day, Berry & Howard, Hartford, CT, for defendant-appellant.

Douglas S. McDowell, McGuiness & Williams, Washington, DC, for Equal Employment Advisory Council, amicus curiae.

Jeffrey C. Londa, Hutcheson & Grundy, Houston, TX, for Texas Association of Business & Chambers of Commerce, amicus curiae.

Sidney Samuel Rosdeitcher, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, Richard T. Seymour, Teresa Anne Ferrante, Lawyers' Committee for Civil Rights Under Law, Washington, DC, for Lawyers Committee for Civil Rights Under Law, amicus curiae.

Dori Kay Bernstein, EEOC, Washington, DC, for Equal Employment Opportunity Commission, amicus curiae.

Janette B. Johnson, National Employment Lawyers Association, Dallas, TX, for National Employment Lawyers Association, amicus curiae.

Before POLITZ, Chief Judge, and KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.


W. EUGENE DAVIS and DUHÉ, Circuit Judges:

In this action under the ADEA for discriminatory discharge, we consider en banc the employer's appeal from the district court's denial of its motion for judgment notwithstanding the verdict (JNOV). We agree with the district court that the evidence is sufficient to support the verdict and affirm.1

I.

Calvin Rhodes began his employment with Dresser Industries in 1955 as a...

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