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RYTHER v. KARE 11

No. 94-3622.

108 F.3d 832 (1997)

C. Thomas RYTHER, Plaintiff-Appellee, v. KARE 11, an NBC Affiliate; Gannett Co., Inc., Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 6, 1997.

Attorney(s) appearing for the Case

Thomas W. Tinkham, argued, Minneapolis (Karen L. Clauson, on the brief), for defendants-appellants.

Donna L. Roback, argued, Bloomington (Marcy R. Kreisman, on the brief), for plaintiff-appellee.

Before RICHARD S. ARNOLD, Chief Judge, LAY, McMILLIAN, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges, en banc.

LAY, Circuit Judge.*

This age discrimination case comes before this court on a rehearing en banc. Our earlier panel opinion, affirming the district court's denial of a new trial and the denial of a post-verdict motion for judgment as a matter of law, appeared in 84 F.3d 1074 (8th Cir.1996). At oral argument before the court en banc, KARE 11, which appeals from the judgment of the district court, challenged...

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