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D'Cunha v. Genovese/Eckerd Corp., 04-0391

In case involving claims alleged under the Age Discrimination in Employment Act, summary judgment for defendant is reversed as the district court failed properly to apply the burden-shifting framework under the ADEA. There remains a genuine issue of material fact as to whether the reasons given for not hiring plaintiff were pretextual such that a jury could reasonably find that he suffered an adverse employment action because of his age.

Appellate Information

  • Decided 02/27/2007
  • Published 02/27/2007


  • PER CURIAM., Before WALKER, HALL and GIBSON, Circuit Judges.


  • United States Second Circuit


  • For Appellant:
  • Patrick F. D'Cunha, Flushing, New York, Plaintiff-Pro-Se-Appellant.

  • For Appellees:
  • James Bucci, Esq., Spector, Gadon & Rosen, P.C., Philadelphia, PA, for Defendant-Appellee.
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