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ROWELL v. BELLSOUTH CORP.

No. 04-10753.

433 F.3d 794 (2005)

Norman E. ROWELL, Plaintiff-Appellant, v. BELLSOUTH CORPORATION, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 20, 2005.

Attorney(s) appearing for the Case

Richard W. Fuquay, Richard W. Fuquay, P.C., Mobile, AL, for Rowell.

Chris Mitchell, Maynard, Cooper & Gale, P.A., Birmingham, AL, for BellSouth Corp.

Before CARNES and PRYOR, Circuit Judges, and FORRESTER, District Judge.

FORRESTER, District Judge:

Plaintiff, Norman E. Rowell, filed suit against BellSouth Corporation ("BellSouth")1 pursuant to the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621 et seq., contending that due to his age, BellSouth forced him to retire during a reduction in force. The district court found that Rowell's claim was meritless because he could not show that BellSouth constructively discharged him...

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