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McELROY v. UNION PACIFIC R. CO.

No. 91-3247.

961 F.2d 1397 (1992)

David E. McELROY, Appellant, v. UNION PACIFIC RAILROAD COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 24, 1992.

Attorney(s) appearing for the Case

Joseph Michael Moriarty, Omaha, Neb. (argued), for appellant.

Kathleen J. Ford, Omaha, Neb. (argued), for appellee.

Before FAGG, BOWMAN, and BEAM, Circuit Judges.

BOWMAN, Circuit Judge.

David E. McElroy appeals from the District Court's entry of summary judgment in favor of Union Pacific Railroad Company. We reverse.

McElroy began working for Union Pacific as a loss and damage prevention engineer on May 19, 1970. He was terminated May 13, 1988, at the age of 42. At that time, his supervisors asked him to sign a separation agreement providing in part that: "By his signature below, Mr. McElroy resigns from the Company...

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