SHIKLES v. SPRINT/UNITED MANAGEMENT CO.

No. 03-3326.

426 F.3d 1304 (2005)

Davis SHIKLES, Plaintiff-Appellant, v. SPRINT/UNITED MANAGEMENT COMPANY, Defendant-Appellee. Equal Employment Opportunity Commission; Chamber of Commerce of the United States of America; Equal Employment Advisory Council, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

October 20, 2005.


Attorney(s) appearing for the Case

Dennis E. Egan, The Popham Law Firm, Kansas City, MO, for Plaintiff-Appellant.

Paul W. Cane, Jr., Paul, Hastings, Janofsky & Walker, San Francisco, CA (David M. Eisenberg, Baker Sterchi Cowden & Rice, Kansas City, MO; Chris R. Pace, Sprint Corporation, Overland Park, KS; and Katherine C. Huibonhoa, Paul, Hastings, Janofsky & Walker, San Francisco, CA; with him on the brief), for Defendant-Appellee.

Barbara L. Sloan, Equal Employment Opportunity Commission ("EEOC"), Washington, D.C. (Eric S. Dreiband, Lorraine C. Davis, Vincent J. Blackwood, EEOC, Washington, D.C., with her on the brief) for amicus curiae EEOC in support of Plaintiff-Appellant.

Stephen A. Bokat, Robin S. Conrad, Ellen Dunham Bryant, National Chamber Litigation Center, Washington, D.C., and Ann Elizabeth Reesman, McGuiness Norris & Williams, Washington, D.C., filed a brief on behalf of amicus curiae The Equal Employment Advisory Council and The Chamber of Commerce of the United States in support of Defendant-Appellee.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and FRIOT, District Judge.


EBEL, Circuit Judge.

Plaintiff Davis Shikles appeals from a district court order granting summary judgment to Defendant Sprint/United Management Company ("Sprint") in Shikles' lawsuit alleging that Sprint violated the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621 et seq., by denying him promotions and terminating him. (Aplt.App. at 12-13, 485, 510.) This appeal presents three important legal issues: (1) whether a private sector claimant...

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