United States Sixth Circuit

Summary judgment for defendant-employer, a department store, on claims of age discrimination under the Age Discrimination in Employment Act (ADEA) and state law is affirmed where plaintiffs failed to establish their prima facie case that their positions were eliminated as a result of age discrimination, or that defendant's proffered rationale for selecting others for two open positions was pretextual.

Appellate Information

• Decided 08/01/2006
• Published 08/01/2006

Judges

• Before:  KENNEDY, COLE, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  W. Gary Blackburn, Blackburn & McCune, Nashville, Tennessee, for Appellants.  Betty Thorne Tierney, The May Department Stores Company, St. Louis, Missouri, for Appellee.   ON BRIEF:  W. Gary Blackburn, Blackburn & McCune, Nashville, Tennessee, for Appellants.   Betty Thorne Tierney, The May Department Stores Company, St. Louis, Missouri, for Appellee.