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ABUAN v. LEVEL 3 COMMUNICATIONS, INC.

Nos. 01-1471, 02-1015 and 02-1029.

353 F.3d 1158 (2003)

John ABUAN, Plaintiff-Appellee/Cross-Appellant, v. LEVEL 3 COMMUNICATIONS, INC., Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

December 30, 2003.

Attorney(s) appearing for the Case

Edward P. Lazarus (William A. Norris, L. Rachel Helyar and Jessica M. Weisel, with him on the briefs), of Akin, Gump, Strauss, Hauer & Feld, L.L.P., for Defendant-Appellant/Cross-Appellee, Level 3 Communications, Inc.

John R. Olsen, Olsen & Brown, L.L.C., Niwot, CO, for Plaintiff-Appellee/Cross-Appellant, John Abuan.

Before SEYMOUR, Circuit Judge, HOLLOWAY, Senior Circuit Judge, and EBEL, Circuit Judge.

SEYMOUR, Circuit Judge.

John Abuan brought this employment discrimination suit under 42 U.S.C. §§ 2000e, et seq. (Title VII), and the Age Discrimination in Employment Act, 29 U.S.C. §§ 623, et seq. (ADEA) against his former employer, Level 3 Communications, Inc. Mr. Abuan, who is of Hispanic and Filipino heritage and was over fifty years of age at the time of the alleged discriminatory acts, asserted that he was subjected to national...

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