United States Tenth Circuit

Summary judgment for defendant-employer in an action brought under the Age Discrimination in Employment Act is affirmed where: 1) there was no abuse of discretion by the district court in the process leading to summary judgment; 2) summary judgment was properly granted for defendant on a disparate treatment theory, and 3) plaintiff failed to establish evidence supporting a prima facie case of disparate impact.

Appellate Information

• Decided 02/15/2006
• Published 02/15/2006

Judges

• EBEL, Circuit Judge., Before TACHA, Chief Circuit Judge, EBEL, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Ray Twohig, Albuquerque, NM, for Plaintiff-Appellant Paul “Mike” Pippin.


• For Appellees:
  
• Bradley T. Cave, Holland & Hart, LLP, Cheyenne, Wyoming (Michael L. Carrico and George McFall, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, New Mexico, and Elizabeth A. Phelan, Holland & Hart, LLP, Boulder, Colorado, with him on the briefs), for Defendant-Appellee Burlington Resources Oil and Gas Company.