SHOWALTER v. UNIVERSITY OF PITTSBURGH MED. CENTER

No. 98-3320.

190 F.3d 231 (1999)

Donald SHOWALTER, Appellant v. UNIVERSITY OF PITTSBURGH MEDICAL CENTER.

United States Court of Appeals, Third Circuit.

Decided August 31, 1999.


Attorney(s) appearing for the Case

Sanford Neiman (Argued), Marshall, Dennehey, Warner, Coleman & Goggin, Pittsburgh, PA, for Appellant.

Louis J. Krzemien, Jr. (Argued), University of Pittsburgh Medical Center, Pittsburgh, PA, for Appellee.

Before: ALITO and McKEE, Circuit Judges, and SCHWARTZ, Senior District Judge.


OPINION OF THE COURT

ALITO, Circuit Judge:

Donald Showalter sued his former employer, the University of Pittsburgh Medical Center ("UPMC"), in federal district court, alleging violations of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq. UPMC moved for summary judgment, and a Magistrate Judge1 granted its motion, holding (1) that "Showalter c[ould...

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