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DONOVAN v. MILK MARKETING INC.

Docket No. 99-7800.

243 F.3d 584 (2001)

Michael H. DONOVAN, Plaintiff-Appellant, v. MILK MARKETING INC., Lewis Gardner, Edwin Schoen, and Eastern Milk Producers Cooperative Association, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 1999.

Decided: February 28, 2001.

Attorney(s) appearing for the Case

David E. Peebles, Hancock & Estabrook, LLP, Syracuse, NY, for Plaintiff-Appellant.

Debbie Moore, Syracuse, NY (Carter H. Strickland, Mackenzie, Smith, Lewis, Michell & Hughes, LLP, on the brief) for Defendants-Appellees.

Before: OAKES, LEVAL and SACK, Circuit Judges.

LEVAL, Circuit Judge:

Plaintiff Michael H. Donovan brought suit against his former employer Milk Marketing Inc., several of its officers, and the cooperative into which it has since merged alleging, inter alia, violations of the Age Discrimination in Employment Act (ADEA). After the plaintiff presented evidence that age was a factor in defendants' decision to fire him and defendants presented evidence that plaintiff's poor performance caused his dismissal, the district...

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