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MOSS v. BMC SOFTWARE, INC.

No. 09-20488.

610 F.3d 917 (2010)

Michael MOSS, Plaintiff-Appellant, v. BMC SOFTWARE, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 2, 2010.

Attorney(s) appearing for the Case

Safi Nasim Ahmad (argued), Shellist Lazarz, L.L.P., Houston, TX, for Moss.

Mark Douglas Temple (argued), Jones Day, Peter Justin Stuhldreher, Meyer White, L.L.P., Houston, TX, for Defendant-Appellee.

Before BENAVIDES, STEWART and SOUTHWICK, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Michael Moss, a commercial transactions and information technology lawyer, brought this case alleging that software company BMC Software, Inc. (BMC) violated the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. (ADEA), by declining to hire him when he applied for a Staff Legal Counsel position. At that time, Moss was 68 years old. BMC instead hired a younger lawyer. In response to Moss's claims, BMC asserted...

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