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MILLER v. EBY REALTY GROUP LLC

Nos. 03-3307, 04-3073.

396 F.3d 1105 (2005)

Richard MILLER, Plaintiff-Appellee, v. EBY REALTY GROUP LLC, formerly known as EMC, Inc., Defendant-Appellant, Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

January 25, 2005.

Attorney(s) appearing for the Case

Mick W. Lerner, Law Office of Mick Lerner, P.A., Overland Park, KS (and J. Randall Coffey, Bioff, Finucane, Coffey, Holland & Hosler, LLP, Kansas City, MO, with him on the brief), for Plaintiff-Appellee.

William E. Quirk, Shughart, Thomson & Kilroy, P.C., Kansas City, MO (and Carl A. Gallagher, Mcanany, Van Cleave & Phillips, P.A., Kansas City, KS, with him on the briefs), for Defendant-Appellant.

Susan L.P. Starr, (Eric S. Dreiband, General Counsel, Carolyn L. Wheeler, Acting Associate General Counsel, and Vincent J. Blackwood, Assistant General Counsel, with her on the brief), Equal Employment Opportunity Commission, Washington, D.C., for Amicus Curiae.

Before KELLY, Circuit Judge, McWILLIAMS, Senior Circuit Judge and LUCERO, Circuit Judge.

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellee Richard Miller sued his former employer Defendant-Appellant Eby Realty Group, LLC, ("Eby"), the successor in interest to Eby Management Company, Inc. ("EMC"), alleging unlawful age discrimination and retaliation under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-634, and breach of contract.1 The case was tried to a jury, which returned a verdict for Mr...

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