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FITZGERALD v. ACTION, INC.

No. 07-2199.

521 F.3d 867 (2008)

Danny FITZGERALD, Plaintiff-Appellant, v. ACTION, INC., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 4, 2008.

Attorney(s) appearing for the Case

Kevin Holmes, Alma, AR, for appellant.

Robert D. Kelly and Gregory T. Karber, Fort Smith, AR, for appellee.

Kevin Holmes, Newton Donald Jenkins Jr, Jenkins Law Firm, Alma, AR, for Plaintiff.

Gregory T. Karber, Robert D. Kelly, Pryor & Robertson, Fort Smith, AR, for Defendant.

Before BYE, RILEY, and BENTON, Circuit Judges.

BYE, Circuit Judge.

Danny Fitzgerald appeals the district court's grant of summary judgment in favor of his former employer, Action, Inc., on his claims of age discrimination and interference with employment benefits. We affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.

I

The facts, viewed in the light most favorable to Fitzgerald, Dush v. Appleton Elec. Co., 124 F.3d 957

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