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CULVER v. BIRMINGHAM BOARD OF EDUCATION

Civil Action No. 08-AR-0031-S.

646 F.Supp.2d 1272 (2009)

Billy CULVER, Plaintiff, v. BIRMINGHAM BOARD OF EDUCATION, et al., Defendants.

United States District Court, N.D. Alabama, Southern Division.

August 6, 2009.

Attorney(s) appearing for the Case

Richard J. Ebbinghouse, Wiggins Childs Quinn & Pantazis LLC, Birmingham, AL, for Plaintiff.

Afrika C. Parchman, Thomas Means Gillis & Seay PC, Carl E. Johnson, Jr., Claire Hyndman Puckett, Bishop Colvin Johnson & Kent LLP, Birmingham, AL, Kenneth L. Thomas, Thomas Means Gillis & Seay, PC, Montgomery, AL, for Defendants.

ORDER

WILLIAM M. ACKER, Jr., District Judge.

Gross v. FBL Financial Services, Inc., ___ U.S. ___, 129 S.Ct. 2343, 174 L.Ed.2d 119, was decided by the Supreme Court on June 18, 2009. Gross holds for the first time that a plaintiff who invokes the Age Discrimination in Employment Act ("ADEA") has the burden of proving that plaintiff's being over 40 years of age was the only or the "but for...

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