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TURNER v. NORTH AMERICAN RUBBER, INC.

Nos. 91-5707, 91-5738.

979 F.2d 55 (1992)

John Norman TURNER, et al., Plaintiffs, John Norman Turner and W. Gene Wilson, Plaintiffs-Appellees, v. NORTH AMERICAN RUBBER, INC., and Cooper Tire & Rubber Company, Defendants-Appellants. W. Gene WILSON, Plaintiff-Appellee, v. COOPER TIRE & RUBBER CO., Defendant-Appellant. John Norman TURNER, Plaintiff-Appellee, v. COOPER TIRE & RUBBER CO., Defendant-Appellant John Norman TURNER and W. Gene Wilson, Plaintiffs-Appellees, v. NORTH AMERICAN RUBBER, INC. and Cooper Tire & Rubber Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 14, 1992.

Attorney(s) appearing for the Case

J. Tullos Wells, Mario A. Barrera, Mathews & Branscomb, San Antonio, Tex., for defendants-appellants in No. 91-5707.

Randolph P. Tower, Gail Dalrymple, Clemens & Spencer, San Antonio, Tex., for plaintiffs-appellees in No. 91-5707.

J. Tullos Wells, Mario A. Barrera, Matthews & Branscomb, San Antonio, Tex., for defendants-appellants in No. 91-5738.

Randolph P. Tower, Gail Dalrymple, Jeffrey Ira Kavy, Clemens & Spencer, San Antonio, Tex., for plaintiffs-appellees in No. 91-5738.

Before POLITZ, Chief Judge, and WISDOM and WIENER, Circuit Judges.

WISDOM, Circuit Judge:

This case involves the applicability of the Age Discrimination in Employment Act (ADEA)1 to senior management personnel.

The plaintiffs/appellees were awarded damages by the jury. The district court declined to grant the defendant/appellant's motion for judgment notwithstanding the verdict (j.n.o.v.). We reverse the judgment of the district court and render judgment dismissing plaintiffs' action.

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