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NORTON v. SAM'S CLUB

Docket No. 97-7928.

145 F.3d 114 (1998)

John C. NORTON, Plaintiff-Appellee, v. SAM'S CLUB, Wal-Mart Corp., Wal-Mart Stores, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 29, 1998.

Attorney(s) appearing for the Case

Michael J. Kanaley Jr., Kenney, Kanaley, Shelton & Liptak, L.L.P., Buffalo, NY, for Defendants-Appellants.

Theodore S. Kantor, Bilgore, Reich, Levine, Kroll & Kantor, Rochester, NY, for Plaintiff-Appellee.

Before: WINTER, Chief Judge, McLAUGHLIN, and CALABRESI, Circuit Judges.

CALBRESI, Circuit Judge:

Plaintiff John C. Norton sued Sam's Club, claiming that he had been fired because of his age in violation of the New York Human Rights Law ("NYHRL"), N.Y. Exec. Law § 296 et seq. (McKinney 1993 & Supp.1997), and the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq. The case went to a jury, which returned a verdict in favor of Norton and awarded him $30,000 in back pay. The court (Michael J....

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