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WHITTINGTON v. NORDAM GROUP INC.

Nos. 04-5097, 04-5107.

429 F.3d 986 (2005)

Milton L. WHITTINGTON, Sr., Plaintiff-Appellee-Cross-Appellant, v. The NORDAM GROUP INC., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

November 29, 2005.

Attorney(s) appearing for the Case

Stephen L. Andrew (D. Kevin Ikenberry, with him on the briefs), Andrew, Williams & Ikenberry, Tulsa, OK, for Defendant-Appellant, Cross-Appellee.

J. Vince Hightower, Tulsa, OK, for Plaintiff-Appellee, Cross-Appellant.

Before HARTZ, ANDERSON, and TYMKOVICH, Circuit Judges.

HARTZ, Circuit Judge.

The jury awarded a verdict in favor of the plaintiff, Milton Whittington, Sr., in a suit under the Age Discrimination in Employment Act, 29 U.S.C. § 623 et seq. (ADEA), against The Nordam Group, Inc. Nordam appeals the district court's judgment on several grounds: the denial of Nordam's motion for judgment as a matter of law (JMOL), alleged errors with respect to jury instructions, and the exclusion...

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