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O'DAY v. McDONNELL DOUGLAS HELICOPTER CO.

Nos. 92-15625, 92-16512.

79 F.3d 756 (1996)

Dennis V. O'DAY, Plaintiff-Appellant, v. McDONNELL DOUGLAS HELICOPTER COMPANY, a Foreign Corporation, Defendant-Appellee. (Two Cases).

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn April 12, 1994.

Submission Further Suspended November 8, 1994.

Resubmitted June 9, 1995.

Decided March 26, 1996.

Attorney(s) appearing for the Case

Francis G. Fanning, Tempe, Arizona, for the plaintiff-appellant.

Tibor Nagy, Jr., Snell & Wilmer, Tucson, Arizona, for the defendant-appellee.

Robert J. Gregory, Attorney, Equal Employment Opportunity Commission, Washington, D.C., for amicus Equal Employment Opportunity Commission, on behalf of the plaintiff-appellant.

Before: FLETCHER, KOZINSKI, and TROTT, Circuit Judges.

Opinion by Judge KOZINSKI; Partial Concurrence and Partial Dissent by Judge FLETCHER.

KOZINSKI, Circuit Judge.

We consider whether an employer found to have violated the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., can avoid all liability for its discrimination by proving with "after-acquired evidence" that the plaintiff could have been discharged for a legitimate reason.

I

On June 8, 1990, Dennis O'Day was denied...

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