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McDEVITT v. BILL GOOD BUILDERS, INC.

816 A.2d 164 (2003)

175 N.J. 519

Bernard McDEVITT, an individual, and Thomas Galante, an individual, Plaintiffs-Appellants, and Harry Pierce, an individual, and Harry Brown, an individual, Plaintiffs, v. BILL GOOD BUILDERS, INC., a New Jersey Corporation, Defendant-Respondent, and John Does 1 through 10, Inclusive, Defendants.

Supreme Court of New Jersey.

Decided March 5, 2003.

Attorney(s) appearing for the Case

Joseph T. Threston, III, Cherry Hill, argued the cause for appellants (Zabel & Associates, attorneys).

Thomas H. Ehrhardt, Haddon Heights, argued the cause for respondent.

The opinion of the Court was delivered by LaVECCHIA, J.

Plaintiff Bernard McDevitt brought this action against defendant Bill Good Builders, Inc. ("employer" or "defendant"), under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C.A. § 623a(1), alleging that his termination of employment at age sixty-nine was motivated by his age rather than by a legitimate reduction in force as the employer asserted...

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