United States Fifth Circuit

In an action brought by plaintiff against Washington Mutual Bank raising a claim of age discrimination, summary judgment for the bank is affirmed as: 1) for purposes of establishing a prima facie case, the record did not support a finding that plaintiff was replaced by someone either outside the protected class or by someone younger than himself, and he did not show that he was "otherwise discharged because of his age"; and 2) even assuming he established a prima facie case, plaintiff presented no evidence to contradict the bank's legitimate, non-discriminatory reason for eliminating his position.

Appellate Information

• Decided 08/31/2007
• Published 09/03/2007

Judges

• CARL E. STEWART, Circuit Judge:, Before JONES, Chief Judge, and JOLLY and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph Y. Ahmad (argued), Ahmad, Zavitsanos & Anaipakos, Houston, TX, for Berquist., Jeffrey C. Londa, Robert Lewis Ivey (argued), Ogletree Deakins, Houston, TX, for Washington Mut. Bank.