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SCHMIDT v. OTTAWA MEDICAL CENTER, P.C.

No. 01-3274.

322 F.3d 461 (2003)

Richard A. SCHMIDT, M.D., Plaintiff-Appellant, v. OTTAWA MEDICAL CENTER, P.C., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 5, 2003.

Attorney(s) appearing for the Case

Gary R. Garretson (Argued), Morris, IL for Plaintiff-Appellant.

Michael T. Reagan (Argued), Herbolsheimer, Lannon, Henson, Duncan & Reagan, Ottawa, IL, for Defendant-Appellee.

Before KANNE, DIANE P. WOOD, and EVANS, Circuit Judges.

KANNE, Circuit Judge.

Does Dr. Richard A. Schmidt's status as a shareholder-director in a closely held professional corporation preclude him from being considered an "employee" entitled to bring suit under the Age Discrimination in Employment Act? Applying a functional "economic realities" test, which this Court adopted in EEOC v. Dowd & Dowd, Ltd., 736 F.2d 1177, 1178 (7th Cir.1984), and recently discussed in EEOC v...

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