BURGER v. NEW YORK INSTITUTE OF TECHNOLOGY

No. 1135, Docket 95-7859.

94 F.3d 830 (1996)

Betty Jane BURGER, Plaintiff-Appellant, v. NEW YORK INSTITUTE OF TECHNOLOGY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 9, 1996.


Attorney(s) appearing for the Case

Morton S. Robson, Robson & Miller, New York City (Kenneth N. Miller, of counsel), for Plaintiff-Appellant.

Douglas P. Catalano, Fulbright & Jaworski, New York City (Neil G. Sparber; Edward Dolido, of counsel), for Defendant-Appellee.

Before OAKES, WINTER, and CALABRESI, Circuit Judges.


WINTER, Circuit Judge:

Betty Jane Burger appeals from Judge Real's dismissal of her action under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621 et seq. The district court dismissed Burger's claim after her main case-in-chief. However, the district court did not make the findings required under Rule 52(c), Fed.R.Civ.P., and, viewing the evidence in the light most favorable to Burger, we conclude that she established a prima...

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