United States Tenth Circuit

In a suit brought by employees terminated in a reduction in force (RIF) against defendant-employer claiming age and sex discrimination, summary judgment for defendant and dismissal of a co-defendant from the case is affirmed in part and reversed in part where: 1) none of the plaintiffs demonstrated that defendant's RIF was a pretext for sex discrimination; 2) summary judgment against two plaintiffs on age discrimination claims was proper; but 3) summary judgment was error as to one plaintiff's age discrimination claim as there was a genuine issue as to whether she was being surplussed because of her age; and 4) sua sponte dismissal of SBC as a defendant for improper service was error as the court did not give prior notice to plaintiff as required.

Appellate Information

• Decided 10/15/2008
• Published 10/16/2008

Judges

• TACHA, Circuit Judge., Before TACHA, McKAY, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• N. Kay Bridger-Riley, Bridger-Riley & Associates, P.C., Tulsa, Oklahoma, for Plaintiffs-Appellants.


• For Appellees:
  
• Mary L. Lohrke (Kimberly Lambert Love with her on the brief), Titus, Hillis, Reynolds, Love, Dickman & McCalmon, Tulsa, Oklahoma, for Defendant-Appellee.