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PERRET v. NATIONWIDE MUT. INS. CO.

No. 13-40867.

770 F.3d 336 (2014)

Parker PERRET; Patricia Penn Pierre as Executrix of the Estate of Melvin Pierre, Sr., Deceased, Plaintiffs-Appellants Cross-Appellees. v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

October 20, 2014.

Attorney(s) appearing for the Case

Brendan K. McBride , McBride Law Firm, Matthew Raymond Pearson, Esq. , Gravely & Pearson, L.L.P., San Antonio, TX, for Plaintiff-Appellants Cross Appellees.

Lori Michelle Can , Terah J. Moxley , stes Okon Thorne & Can, P.L.L.C., Dallas, TX, for Defendant-Appellee Cross-Appellant.

Before KING, GRAVES, and HIGGINSON, Circuit Judges.

JAMES E. GRAVES, JR., Circuit Judge:

A jury found that Nationwide Mutual Insurance Company ("Nationwide") constructively discharged Parker Perret because of his age, and constructively discharged Melvin Pierre, Sr.1 because of his age and race, in violation of the Texas Commission on Human Rights Act ("TCHRA"). Because we find insufficient evidence to support the verdict of constructive discharge, we reverse.

I. Factual and Procedural...

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