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BURTON v. EXAM CENTER INDUS. & GENERAL MED. CLINIC

No. 980040.

994 P.2d 1261 (2000)

2000 UT 18

Hubert C. BURTON, M.D., Plaintiff and Appellant, v. EXAM CENTER INDUSTRIAL & GENERAL MEDICAL CLINIC, INC., and Howard Boulter, Defendants and Appellees.

Supreme Court of Utah.

January 19, 2000.

Attorney(s) appearing for the Case

Robert H. Wilde, Kevin C. Probasco, Midvale, for plaintiff.

Glen M. Richman, Bart J. Johnsen, Salt Lake City, for defendants.

Lois A. Baar, W. Mark Gavre, Salt Lake City, for amicus Utah Manufacturers Association.

Stephen C. Clark, Salt Lake City, for amicus American Civil Liberties Union of Utah Foundation, Inc.

Arthur F. Sandack, Salt Lake City, for amicus Utah State American Federation of Labor—Congress of Industrial Organizations.

HOWE, Chief Justice:

¶ 1 Plaintiff Hubert C. Burton, M.D., appeals from the trial court's grant of summary judgment to defendants Exam Center Industrial & General Medical Clinic, Inc. (the "Clinic"), and Howard Boulter in this action wherein Burton alleges that his employment with the Clinic was terminated because of his age.

BACKGROUND

¶ 2 In July 1994, Boulter, president and chief operating officer of the Clinic, terminated the sixty...

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