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BURNS v. AAF-McQUAY, INC.

No. 95-2831.

96 F.3d 728 (1996)

Frances D. BURNS, Plaintiff-Appellant, v. AAF-McQUAY, INCORPORATED, a Minnesota Corporation, Defendant-Appellee. Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 23, 1996.

Attorney(s) appearing for the Case

ARGUED: Stephanie Rader Sipe, Litten & Sipe, Harrisonburg, VA, for Plaintiff-Appellant. Paul D. Ramshaw, United States Equal Employment Opportunity Commission, Washington, DC, for Amicus Curiae. Bruce McCoy Steen, McGuire, Woods, Battle & Boothe, L.L.P., Charlottesville, VA, for Defendant-Appellee. ON BRIEF: Donald D. Litten, Sr., Litten & Sipe, Harrisonburg, VA, for Plaintiff-Appellant. C. Gregory Stewart, General Counsel, Gwendolyn Young Reams, Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, United States Equal Employment Opportunity Commission, Washington, DC, for Amicus Curiae. J. Robert Brame, III, McGuire, Woods, Battle & Boothe, L.L.P., Charlottesville, VA, for Defendant-Appellee.

Before ERVIN and MOTZ, Circuit Judges, and SPENCER, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed in part and reversed and remanded in part by published opinion. Judge ERVIN wrote the opinion, in which Judge MOTZ and Judge SPENCER joined.

OPINION

ERVIN, Circuit Judge:

Frances Burns sued her former employer, AAF-McQuay, Inc., alleging that she was demoted and constructively discharged in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq. The magistrate judge found a genuine issue of material...

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