Court of Appeals for the Fifth Circuit January 5, 1981, No. 80-5109 (McCuen v. Home Insurance)

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United States · · · 05-01-1981

PER CURIAM:

Plaintiff appeals from summary judgment in this age discrimination case. We hold that under the facts in this case plaintiff, who was discharged, was not required to show he was replaced by someone in the nonprotected group in order to assert a claim under the Age Discrimination in Employment Act, 29 U.S.C.A. §§ 621-634 (1967) (ADEA). We reverse and remand for further proceedings.

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