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GROSS v. FBL FINANCIAL SERVICES, INC.

Nos. 07-1490, 07-1492.

588 F.3d 614 (2009)

Jack GROSS, Appellant/Cross-Appellee, v. FBL FINANCIAL SERVICES, INC., Defendant, FBL Financial Group, Inc., Appellee/Cross-Appellant, Iowa Farm Bureau Federation; Farm Bureau Mutual Insurance Company; William Oddy, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: November 30, 2009.

Attorney(s) appearing for the Case

Frank B. Harty, Debra L. Hulett, Des Moines, IA, for appellant.

Michael J. Caroll, Des Moines, IA, Beth Townsend, West Des Moines, IA, for appellee.

Before MELLOY, COLLOTON, and BENTON, Circuit Judges.

COLLOTON, Circuit Judge.

This case is before us on remand from the Supreme Court. See Gross v. FBL Financial Servs., Inc., ___ U.S. ___, 129 S.Ct. 2343, 174 L.Ed.2d 119 (2009). We reverse the judgment of the district court and remand for a new trial.

I.

Jack Gross sued his employer, FBL Financial Group, Inc. ("FBL"), alleging that FBL violated the Age Discrimination in Employment Act ("ADEA") and the Iowa...

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