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MIGNEAULT v. PECK

No. 97-2099.

158 F.3d 1131 (1998)

Joanne B. MIGNEAULT, Plaintiff-Appellee, v. Richard PECK, President; David L. McKinney, Vice President for Business and Finance; Paul Roth, M.D., Dean of the School of Medicine; Romeo Ortiz, Director of Human Resources, Defendants, and University of New Mexico; Jane E. Henney, M.D., Vice President for Health Sciences, Defendants-Appellants, United States of America, Intervenor, American Association of Retired Persons, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

October 23, 1998.

Attorney(s) appearing for the Case

Donna L. Dagnall, Albuquerque, New Mexico, for Plaintiff-Appellee.

Paula I. Forney of Law Offices, Santa Fe, New Mexico, for Defendants-Appellants.

Seth M. Galanter (Jessica Dunsay Silver with him on the brief), Department of Justice, Washington, D.C., for Intervenor.

Cathy Ventrell-Monsees and Laurie A. McCann of American Association of Retired Persons, Washington, D.C., on the brief for Amicus Curiae.

Before PORFILIO, McKAY and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

Plaintiff Joanne Migneault brought this action against the University of New Mexico ("the University"), its Board, and several of its employees under 42 U.S.C. § 1983 and the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-634. She alleged, inter alia, the defendants failed to hire her for an employment position due to age discrimination in violation of the ADEA and

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