ANSELL v. GREEN ACRES CONTR. CO.,

No. 02-3251.

347 F.3d 515 (2003)

Harry B. ANSELL, Appellant v. GREEN ACRES CONTRACTING CO., INC.; Paul Humberston; Thomas Pisula; Douglas Schiff.

United States Court of Appeals, Third Circuit.

Filed October 28, 2003.


Attorney(s) appearing for the Case

Gregory T. Kunkel [Argued], Kunkel & Fink, LLP, Pittsburgh, for Appellant.

Charles R. Volk, Jane Lewis Volk [Argued], The Volk Law Firm, Sewickley, for Appellees.

Before: RENDELL, SMITH and ALDISERT, Circuit Judges


OPINION OF THE COURT

SMITH, Circuit Judge.

This employment discrimination case, arising under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq., presents a question of admissibility under Federal Rule of Evidence 404(b) of a subsequent good act offered by an employer to demonstrate non-discriminatory intent-namely, the employer's favorable treatment of another older worker. Plaintiff Harry Ansell, who was 45 years old...

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