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TESTERMAN v. EDS TECHNICAL PRODUCTS CORP.

No. 96-1197.

98 F.3d 297 (1996)

Charles TESTERMAN, Plaintiff-Appellant, v. EDS TECHNICAL PRODUCTS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 21, 1996.

Attorney(s) appearing for the Case

Mark R. Waterfill, Janet D. Neuenschwander, Leagre & Barnes, Indianapolis, IN, and Arend J. Abel (argued), Indianapolis, IN, for Plaintiff-Appellant.

Frederick W. Dennerline, III, Fillenwarth, Dennerline, Groth & Towe, Indianapolis, IN, and Lee Hutton (argued), and Bradley A. Sherman, Duvan, Cahn & Hutton, Cleveland, OH, for Defendant-Appellee.

Before CUMMINGS, FLAUM, and EASTERBROOK, Circuit Judges.

FLAUM, Circuit Judge.

Charles Testerman brought this suit under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., and the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., alleging that when EDS Technical Products Corporation ("EDS") trimmed its workforce in 1993, the company unlawfully considered Testerman's age in deciding to include him among those employees sacrificed to the bottom line. After a...

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