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PADILLA v. METRO-NORTH COMMUTER R.R.

No. 1491, Docket 95-6056.

92 F.3d 117 (1996)

Stephen M. PADILLA and Equal Employment Opportunity Commission, Plaintiffs-Appellees, v. METRO-NORTH COMMUTER RAILROAD, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 13, 1996.

Attorney(s) appearing for the Case

Patrick M. Wall, The McCarthy Law Firm, New York City, for Plaintiff-Appellee Stephen M. Padilla.

Paul D. Ramshaw, Equal Employment Opportunity Commission, Washington, DC (C. Gregory Stewart, General Counsel, Gwendolyn Young Reams, Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, Equal Employment Opportunity Commission, Washington, DC, of counsel), for Plaintiff-Appellee Equal Employment Opportunity Commission.

Charles S. Sims, Proskauer Rose Goetz & Mendelsohn LLP, New York City (Nina Massen, Beth Gorrie, Proskauer Rose Goetz & Mendelsohn LLP, New York City, Richard K. Bernard, General Counsel, Carol S. Barnett, Metro-North Commuter Railroad, New York City, of counsel), for Defendant-Appellant.

Before: MESKILL and MINER, Circuit Judges, and LASKER, District Judge.

MINER, Circuit Judge:

Defendant-appellant Metro-North Commuter Railroad ("Metro-North") appeals from a judgment entered in the United States District Court for the Southern District of New York (McKenna, J.) following a jury trial. Plaintiff-appellee Stephen M. Padilla claimed that his employer, Metro-North, willfully retaliated against him in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., ("ADEA") by demoting him after...

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