Court of Appeals for the Tenth Circuit August 25, 2005, 05-216903-1251 (Robert Cortez v. Wal-Mart Stores, Inc.)

MURPHY, Circuit Judge.

Plaintiff Robert Cortez sued defendant Sam’s Club for discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-34 (ADEA), on account of the company’s failure to promote him to the position of general manager.