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RATLIFF v. CITY OF GAINESVILLE, TEX.

No. 99-41472.

256 F.3d 355 (2001)

Alan D. RATLIFF, Plaintiff-Appellant, v. CITY OF GAINESVILLE, TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 17, 2001.

Attorney(s) appearing for the Case

Janette Johnson (argued), Jane Legler Byrne, Janette Johnson & Associates, Dallas, TX, for Plaintiff-Appellant.

Terry Steven Boone (argued), Haynes & Boone, Fort Worth, TX, for Defendant-Appellee.

Sally Dunaway, American Ass'n of Retired Persons, Washington, DC, for American Ass'n of Retired Persons, Amicus Curiae.

Susan Lisabeth Starr (argued), E.E.O.C., Washington, DC, for E.E.O.C., Amicus Curiae.

Before WIENER and STEWART, Circuit Judges, and WALTER S. SMITH, JR., District Judge.

CARL E. STEWART, Circuit Judge:

Alan D. Ratliff ("Ratliff") appeals the trial court's jury instructions, as well as its decision to admit certain spoliation evidence, in an age discrimination lawsuit that he filed against the City of Gainesville, Texas ("the City" or "Gainesville"). For the following reasons, we affirm in part, and we reverse in part and remand for a new trial.

FACTUAL AND PROCEDURAL HISTORY

In November 1994, Gainesville hired...

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