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DAY v. LIBERTY NAT. LIFE INS. CO.

No. 96-2927.

122 F.3d 1012 (1997)

Samuel L. DAY, Plaintiff-Appellant, v. LIBERTY NATIONAL LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 22, 1997.

Attorney(s) appearing for the Case

John Barry Kelly, II, Bradley S. Odom, Ray, Kievit & Kelly, Pensacola, FL, for Plaintiff-Appellant.

David C. Ashburn, Gunster, Yoakley, Valdes, Fauli & Stewart, Tallahassee, FL, Peyton Lacy, Jr., Lange, Simpson, Robinson & Somerville, Birmingham, AL, for Defendant-Appellee.

Before CARNES, Circuit Judge, and HENDERSON and FLOYD R. GIBSON, Senior Circuit Judges.

PER CURIAM:

Samuel L. Day filed this action pursuant to the Age Discrimination in Employment Act ("ADEA")1 charging that the defendant, Liberty National Life Insurance Company ("Liberty"), discriminated against him because of his age when it terminated his employment. Following a mistrial, the jury in the second trial concluded that age was a determining factor in Liberty's decision to discharge Day and awarded him $300,000.00 in back...

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