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HOLOWECKI v. FEDERAL EXP. CORP.

Docket No. -43376-CV.

440 F.3d 558 (2006)

Paul HOLOWECKI, Patricia Kennedy, Donna M. Lewis, Charles Moncalieri, Phyllis Nelson, Andy Kubicki, Elizabeth Tucker, Steven Almendarez, Frank J. Martinez, Kelly L. Martinez, Kevin McQuillan, Kenneth G. Mutchler, George Robertson, Nancy Thompics, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. FEDERAL EXPRESS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 8, 2006.

Attorney(s) appearing for the Case

David L. Rose (David M. Wachtel, on the brief), Rose & Rose, P.C., Washington, DC, for Plaintiffs-Appellants.

R. Jeffery Kelsey, Memphis, TN, for Defendant-Appellee.

Before: KEARSE, CALABRESI, and POOLER, Circuit Judges.

POOLER, Circuit Judge.

Appellants, who are all at least 40 years of age and are currently or were formerly employed as couriers for appellee Federal Express Corporation ("FedEx"), filed an April 30, 2002, complaint on behalf of themselves and other similarly situated FedEx couriers, claiming that FedEx had engaged in a pattern and practice of employment procedures that discriminate based on age, in violation of the Age Discrimination in Employment Act ("ADEA"), 29...

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