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WATKINS v. J & S OIL CO., INC.

Nos. 98-1002, 98-1003.

164 F.3d 55 (1998)

David WATKINS, Plaintiff, Appellee, v. J & S OIL COMPANY, INC., Defendant, Appellant. David Watkins, Plaintiff, Appellant, v. J & S Oil Company, Inc., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 30, 1998.

Attorney(s) appearing for the Case

Joseph J. Hahn, with whom Kate S. Debevoise, Glenn Israel and Bernstein, Shur, Sawyer & Nelson were on brief, for J & S Oil Company, Inc.

Cynthia L. Amara and New England Legal Foundation on brief for the Maine Chamber and Business Alliance and the New England Legal Foundation, amici curiae.

Francis M. Jackson, with whom Jackson & MacNichol was on brief, for David Watkins.

Before TORRUELLA, Chief Judge, WELLFORD, Senior Circuit Judge, and LYNCH, Circuit Judge.

WELLFORD, Senior Circuit Judge.

Plaintiff David Watkins was employed as a gas station manager for defendant J & S Oil Co., Inc. ("J & S"). In August of 1994, he suffered a heart attack and subsequently had open heart surgery. After he had been home on leave for about two weeks recuperating from surgery, J & S called Watkins, asked him whether he intended to return to work, and informed him that he had been replaced in his position as station manager. After...

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