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CORTEZ v. WAL-MART STORES, INC.

No. 05-216903-1251.

460 F.3d 1268 (2005)

Robert CORTEZ, Plaintiff-Appellee, v. WAL-MART STORES, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 25, 2005.

Attorney(s) appearing for the Case

Submitted on the briefs:* Charles R. Peifer, Lauren Keefe, Peifer, Hanson & Mullins, P.A., Albuquerque, NM, for Appellant.

Augustine M. Rodriguez, Rodriguez Law Firm, Albuquerque, NM, for Appellee.

Before HENRY, BRISCOE, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Plaintiff Robert Cortez sued defendant Sam's Club for discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-34 (ADEA), on account of the company's failure to promote him to the position of general manager.1 During the trial, the district court twice denied Sam's Club's motions for judgment as a matter of law under Rule 50 of the Federal Rules of Civil Procedure, and the...

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