Steward v. Sears Roebuck & Co.

OPINION OF THE COURT

RENDELL, Circuit Judge.

Gunnar Steward sued his employer, Sears, Roebuck & Co., for terminating him in violation of the Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq. Steward appeals the District Court’s order granting judgment as a matter of law in favor of Sears and, in the alternative, granting Sears’ motion for a new trial. We will reverse.

I

Although the parties are familiar with the record, we review it nonetheless because the presence of certain facts and evidence in the record is crucial to our review, given the nature of the motions before the…