NELSON, J., delivered the opinion of the court, in which BATCHELDER, J., joined. MERRITT, J. (pp. 8-10), delivered a separate dissenting opinion.
OPINION
KRUPANSKY, Circuit Judge.
In this action commenced pursuant to the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq., the plaintiff-appellant, Donald G. Wexler ("Wexler"), has assailed the district court's
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