Charles A. SCARBORO, Plaintiff-Appellant, v. FIRST AMERICAN NATIONAL BANK OF NASHVILLE, Defendant-Appellee

Plaintiff-appellant Charles Scarboro brought this action under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. On the basis of our decision in Morelock v. NCR Corp., 546 F.2d 682 (6th Cir. 1976), the district court specifically denied Scarboro’s request for a jury trial made at the time he filed his complaint.

Morelock, however, has been superseded by Lorillard v. Pons, 434 U.S. 575, 98 S.Ct. 866, 55 L.Ed.2d 40 (1978), in which the Supreme Court recognized a general statutory right to trial by jury in Age Discrimination in Employment Act suits. We acknowledged and…