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ROGE v. NYP HOLDINGS, INC.

Docket No. 00-7773.

257 F.3d 164 (2001)

Robert ROGE, Plaintiff-Appellant, v. NYP HOLDINGS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: July 16, 2001.

Attorney(s) appearing for the Case

Leslie H. Ben-Zvi, Queller, Fisher, Dienst, Serrins, Washor & Kool, LLP (Alan Serrins and Joseph A. Turco, of counsel), New York, NY, for Plaintiff-Appellant.

Clifford Thau, Squadron, Ellenoff, Plesent & Sheinfeld, LLP (J. Jordan Lippner and Laura Davidson, of counsel), New York, NY, for Defendant-Appellee.

Before: VAN GRAAFEILAND, WINTER, and CALABRESI, Circuit Judges.

WINTER, Circuit Judge:

Robert Roge appeals from Judge Hellerstein's grant of summary judgment and dismissal of his complaint. Roge claims that his employer, NYP Holdings, Inc. (usually "Post"), owner of the New York Post, terminated him because of his age. On appeal, he argues that the district court failed to consider evidence of pretext and that other material issues of fact remain in dispute. However, it is undisputed that Roge's position was eliminated in the...

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