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NELSON v. J.C. PENNEY CO., INC.

No. 95-1253.

79 F.3d 84 (1996)

Dale NELSON, Appellee, v. J.C. PENNEY COMPANY, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

March 4, 1996.

McMILLIAN, Circuit Judge, specially concurring in the denial of the suggestion for rehearing en banc.

I do not disagree with the factual analysis of the panel opinion or the result reached in this case. On that basis I concur in the denial of the petition for rehearing en banc. As the panel opinion indicates, the evidence was insufficient to create a factual dispute as to whether age discrimination was a motivating factor in...

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