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McCLAREN v. MORRISON MANAGEMENT SPECIALISTS, INC.

No. 04-50563.

420 F.3d 457 (2005)

Haven McCLAREN, Plaintiff-Appellant, v. MORRISON MANAGEMENT SPECIALISTS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 8, 2005.

Attorney(s) appearing for the Case

John P. Mobbs (argued), El Paso, TX, for McClaren.

Cornelius R Heusel (argued), Shelley M. Sullivan, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, for Defendant-Appellee.

Before JOLLY, SMITH and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

Plaintiff-Appellant Haven McClaren filed suit against Defendant-Appellee Morrison Management Specialists, Inc. ("Morrison"), alleging that Morrison failed to hire him for a newly created position after Morrison eliminated McClaren's original position with the company, in violation of the Texas Commission on Human Rights Act ("TCHRA"), TEX. LAB.CODE ANN. § 21.051. After a jury awarded McClaren compensatory and punitive damages on his age...

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