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O'DAY v. McDONNELL DOUGLAS HELICOPTER CO.

No. CV-97-0274-CQ.

959 P.2d 792 (1998)

191 Ariz. 535

Dennis V. O'DAY, Plaintiff. v. McDONNELL DOUGLAS HELICOPTER COMPANY, a foreign corporation, Defendant.

Supreme Court of Arizona, En Banc.

May 26, 1998.

Attorney(s) appearing for the Case

Francis G. Fanning, Tempe, for Dennis V. O'Day.

Snell & Wilmer, L.L.P. by Tibor Nagy, Jr., Tucson, for McDonnell Douglas Helicopter Company.

OPINION

MARTONE, Justice.

¶ 1 The United States District Court for the District of Arizona certified two questions on the proper use of after-acquired evidence in employment termination disputes. We accepted jurisdiction under A.R.S. § 12-1861, and Rule 27, Rules of the Supreme Court.

I. CERTIFIED FACTS

¶ 2 On June 8, 1990, McDonnell Douglas failed to promote Dennis O'Day to lead engineer at its helicopter plant in...

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