Frank L. SPULAK, Plaintiff-Appellee, v. K MART CORPORATION, Defendant-Appellant
Court of Appeals for the Tenth Circuit
1Opinion of the Court
SEYMOUR, Circuit Judge.
Frank Spulak sued K Mart Corporation under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq. (1982), alleging that he was constructively discharged from his employment with K Mart as a result of illegal age discrimination. He also asserted a pendent state claim for age discrimination and for extreme and outrageous conduct. The jury returned a verdict in favor of Spulak on the ADEA claim and awarded him back pay and liquidated damages. The court ruled post-trial that Spulak was entitled to front pay in lieu of reinstatement. The jury resolved the…
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