MUÑOZ v. OCEANSIDE RESORTS, INC.

Nos. 99-12360, 99-13346.

223 F.3d 1340 (2000)

Benigno MUÑOZ, Plaintiff-Appellee, v. OCEANSIDE RESORTS, INC. and Miami Beach Resorts, Inc., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 25, 2000.


Attorney(s) appearing for the Case

Joel I. Keiler, Reston, VA, for Defendants-Appellants.

David J. Maher, Hicks, Anderson & Kneale, P.A., Jean Anne Kneale, Hicks, Anderson & Blum, P.A., Brooks Courtney Miller, Brooks C. Miller, P.A., Miami, FL, for Plaintiff-Appellee.

Before EDMONDSON, BARKETT and KRAVITCH, Circuit Judges.


KRAVITCH, Circuit Judge:

In these consolidated appeals, we decide as an issue of first impression in this circuit whether an employer which demonstrates only that it eliminated an age discrimination plaintiff's former position satisfies its burden of proving that it legitimately would have terminated said plaintiff, thus precluding an award of front pay. We consider additionally: whether, following a jury verdict for the plaintiff, the district court improperly denied...

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