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United States Fifth Circuit


SMITH v. CITY OF JACKSON, MS, 02-60850

Summary judgment to defendants affirmed where disparate impact theory of liability is not available to plaintiffs suing for age discrimination under the ADEA. However judgment is reversed where plaintiffs' disparate treatment claim is cognizable under the ADEA.

Appellate Information

  • Decided 11/13/2003
  • Published 11/13/2003

Judges

  • KING, Chief Judge:, Before KING, Chief Judge, and HIGGINBOTHAM and STEWART, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Dennis L. Horn (argued), Horn & Payne, Madison, MS, for Plaintiffs-Appellants.

  • For Appellees:
  • Samuel Lee Begley (argued), Begley Law Firm, Jackson, MS, for Defendants-Appellees.
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