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SMITH v. BOROUGH OF WILKINSBURG

No. 97-3133.

147 F.3d 272 (1998)

Edward C. SMITH, Appellant, v. BOROUGH OF WILKINSBURG.

United States Court of Appeals, Third Circuit.

Decided June 17, 1998.

Attorney(s) appearing for the Case

Harry R. Ruprecht (Argued), King, Ruprecht & Berman, Pittsburgh, PA, for Appellant.

Thomas H.M. Hough (Argued), Barry, Fasulo & Hough, P.C. Pittsburgh, PA, for Appellee.

Before: SLOVITER, NYGAARD and KRAVITCH, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Edward C. Smith, former Manager of the Borough of Wilkinsburg, Pennsylvania, brought suit against the Borough alleging that it had failed to renew his employment contract on the basis of his age. At the close of the trial, the district court refused his request to instruct the jury that it could infer intentional discrimination if it disbelieved the Borough's asserted reasons for not renewing Smith's contract...

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