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PIPPIN v. BURLINGTON RESOURCES OIL AND GAS CO.

No. 04-2157.

440 F.3d 1186 (2006)

Paul "Mike" PIPPIN, Plaintiff-Appellant, v. BURLINGTON RESOURCES OIL AND GAS COMPANY a/k/a Burlington Resources, Incorporated, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

February 14, 2006.

Attorney(s) appearing for the Case

Ray Twohig, Albuquerque, NM, for Plaintiff-Appellant Paul "Mike" Pippin.

Bradley T. Cave, Holland & Hart, LLP, Cheyenne, Wyoming (Michael L. Carrico and George McFall, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, New Mexico, and Elizabeth A. Phelan, Holland & Hart, LLP, Boulder, Colorado, with him on the briefs), for Defendant-Appellee Burlington Resources Oil and Gas Company.

Before TACHA, Chief Circuit Judge, EBEL, and McCONNELL, Circuit Judges.

EBEL, Circuit Judge.

Paul "Mike" Pippin ("Pippin") brought this employment discrimination action against his former employer, Burlington Resources Oil and Gas Company ("Burlington"). Pippin alleges that his termination was the product of illegal age discrimination in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-34. Burlington, however, claims to have fired Pippin pursuant to a larger reduction in force ("RIF") and because...

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