COLEMAN v. QUAKER OATS CO.

Nos. 99-15885 to 99-15887.

232 F.3d 1271 (2000)

Perry E. COLEMAN; Barbara J. Coleman, husband and wife, Plaintiffs-Appellants, v. The QUAKER OATS COMPANY, a New Jersey corporation, Defendant-Appellee. Jerry Jeney; Peggy Jeney, husband and wife, Plaintiffs-Appellants, v. The Quaker Oats Company, a New Jersey corporation, Defendant-Appellee. Perry E. Coleman; Barbara J. Coleman; John Russell; Jerry Jeney; Denis Schweitzer, a divorced man; John Tallariti; Kenneth Nero; Gary Peeples; J. Thomas Christenson; Sharon Russell; Peggy Jeney; Terrine Tallariti; Kathleen Flamm Nero; Jan Marie Immker Peeples; Kaye Christenson; Carol Collins, a single person, Plaintiffs, and Joseph Gentile; Lorraine Gentile, husband and wife, Plaintiffs-Appellants, v. The Quaker Oats Company, a New Jersey corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 20, 2000.


Attorney(s) appearing for the Case

Arthur Pederson (argued) and Karen Karr, Mohr, Hackett, Pederson, Blakley & Randolph, P.C., Phoenix, Arizona, and James Hill, Phoenix, Arizona, for the plaintiffs-appellants.

Martin Harris (argued), Connelly Sheehan Moran, Chicago, Illinois, and Antonio Dominguez, Dominguez & Associates, P.C., Phoenix, Arizona, for the defendant-appellee.

Before: Betty B. FLETCHER, William C. CANBY, Jr., and Diarmuid F. O'SCANNLAIN, Circuit Judges.


Argued and Submitted February 17, 2000 — San Francisco, California.

Opinion by Judge O'SCANNLAIN; Dissent by Judge BETTY B. FLETCHER.

O'SCANNLAIN, Circuit Judge:

We must decide whether former employees have raised a genuine issue of material fact as to whether they were illegally fired because of age.

I

A

Jerry Jeney ("Jeney"), Joseph Gentile ("Gentile") and Perry Coleman ("Coleman"), along with hundreds of other...

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