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CLAYMEX BRICK AND TILE, INC. v. GARZA

No. 04-05-00433-CV.

216 S.W.3d 33 (2006)

CLAYMEX BRICK AND TILE, INC., Appellant, v. Oscar GARZA, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled October 16, 2006.

Attorney(s) appearing for the Case

Sharon E. Callaway, Michael J. Murray, Crofts & Callaway, P.C., San Antonio, for appellant.

Jeffrey A. Goldberg, Cynthia M. Cano, The Law Office of Jeffrey A. Goldberg, Jeff Small, Law Office of Jeff Small, San Antonio, Jose J. Ruiz, for appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.

OPINION

Opinion by: REBECCA SIMMONS, Justice.

Appellant Claymex Brick and File, Inc. ("Claymex") appeals the judgment of the trial court after a jury awarded Appellee Oscar Garza damages for wrongful termination. Because there is no evidence that the stated reason for Garza's termination was a pretext or that age was a motivating factor in his termination, we reverse the judgment of the trial court and render judgment in favor of Claymex.

FACTUAL...

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