United States Tenth Circuit

In an action claiming that defendant terminated plaintiff in violation of the Age Discrimination in Employment Act (ADEA), summary judgment for defendant is affirmed over plaintiff's claims that: 1) the district court is not constitutionally permitted to determine whether other employees were "similarly situated" in conducting the pretext analysis on summary judgment; and 2) the evidence presented was sufficient to raise a genuine issue of material fact regarding whether she was terminated because of her age.

Appellate Information

• Decided 08/08/2007
• Published 08/09/2007

Judges

• PAUL KELLY, Jr., Circuit Judge., Before KELLY, ANDERSON, and HENRY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Lawrence W. Williamson, Jr., Shores, Williamson and Ohaebosim, L.L.C., Wichita, KS, for Plaintiff-Appellant.


• For Appellees:
  
• Carolyn L. Matthews (and Jay F. Fowler, on the brief), Foulston, Siefkin, L.L.P., Wichita, KS, for Defendant-Appellee.