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THIESSEN v. GE CAPITAL CORP.

No. 98-3208.

255 F.3d 1221 (2001)

Gary A. THIESSEN, Plaintiff-Appellant, v. GENERAL ELECTRIC CAPITAL CORPORATION, doing business as GE Capital, and its representatives; Montgomery Ward Credit Services, Inc., formerly known as Monogram Retailer Credit Services, Inc., a subsidiary of General Electric Capital Corporation, and its representatives, Defendants-Appellees, American Association of Retired Persons; National Employment Lawyers Association; Equal Employment Advisory Council, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

July 3, 2001.

Attorney(s) appearing for the Case

Bert S. Braud (Dennis E. Egan with him on the brief), The Popham Law Firm, P.C., Kansas City, MO, for the appellant.

Glen D. Nager, Jones, Day, Reavis & Pogue, Washington, DC (Steven T. Catlett and Matthew W. Lampe, Jones, Day, Reavis & Pogue, Columbus, OH, with him on the brief), for the appellees.

Sally Dunaway, AARP Foundation Litigation, Washington, DC, on the brief for amicus curiae American Association of Retired Persons.

Paula Brantner, San Francisco, California, and Drew B. Tipton, Houston, Marek & Griffin, L.L.P., Victoria, TX, on the brief for amicus curiae National Employment Lawyers Association.

Ann Elizabeth Reesman and Erin Quinn Gery, McGuiness & Williams, Washington, DC, on the brief for amicus curiae Equal Employment Advisory Council.

Before BRISCOE, REAVLEY, and MURPHY, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiff Gary Thiessen, an employee of defendants General Electric Capital Corporation (GE) and Montgomery Ward Credit Services, Inc., filed this putative class action under the Age Discrimination in Employment Act (ADEA) alleging that he and other similarly situated employees had been adversely affected by a pattern or practice of age discrimination on the part of defendants. Although the district court initially certified a class of twenty...

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