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THOMAS v. DILLARD DEPT. STORES, INC.

No. 96-2966.

116 F.3d 1432 (1997)

Sue E. THOMAS, Plaintiff-Appellant, v. DILLARD DEPARTMENT STORES, INC., a Delaware Corporation Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 14, 1997.

Attorney(s) appearing for the Case

Scott Thomas Fortune, Atlantic Beach, FL, for plaintiff-appellant.

Robert J. Gregory, Washington, DC, Amicus, for EEOC.

John P. McAdams, Lorien Smith Johnson, Carlton, Fields, Ward, Tampa, FL, for defendant-appellee.

Before HATCHETT, Chief Judge, BARKETT, Circuit Judge, and PROPST, Senior District Judge.

BARKETT, Circuit Judge:

Sue E. Thomas appeals from the district court's order granting judgment as a matter of law to the defendant Dillard Department Stores, Inc. Thomas alleges that she was terminated from her position with Dillard because of her age in violation of the ADEA. Thomas argues that the district court erred in determining as a matter of law that she was not actually "terminated" from employment where her employer removed her from her present position...

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