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United States Fifth Circuit


Moss v. BMC Software, Inc., 09-20488

In an action claiming that defendant violated the Age Discrimination in Employment Act (ADEA), by declining to hire plaintiff when he applied for a Staff Legal Counsel position, summary judgment for defendant is affirmed where plaintiff failed as a matter of law to show that he was clearly more qualified than the candidate hired in order to establish pretext and had not proffered any direct evidence of discrimination.

Appellate Information

  • Decided 07/02/2010
  • Published 07/06/2010

Judges

  • Carl E. Stewart

Court

  • United States Fifth Circuit

Counsel

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