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United States Third Circuit


Tomasso v. Boeing Co., 04-4657

Summary judgment for defendant-employer in an age discrimination suit is reversed in part as to claims brought under the Age Discrimination in Employment Act (ADEA) and state law where plaintiff showed sufficient implausibilities and inconsistencies in defendant's primary rationales for his layoff to avoid summary judgment, and a rational factfinder could dismiss secondary reasons as pretextual.

Appellate Information

  • Argued 01/18/2006
  • Decided 04/19/2006
  • Published 04/19/2006

Judges

  • Before:  ROTH, FUENTES, and BECKER, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Mark S. Scheffer (Argued), Pomerantz & Scheffer, Philadelphia, PA, for Appellant.

  • For Appellees:
  • M. Frances Ryan (Argued), Dechert, Philadelphia, PA, for Appellee.
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