Legal Opinion · Dissent
Brown v. Stites Concrete, Inc.
Court of Appeals for the Eighth Circuit
Decided June 10, 1993No. Nos. 91-2581, 91-3057Published
1DissentLoken, Circuit Judge
I respectfully dissent. I believe that this perverse verdict of age discrimination and willful violation was caused by instructions that were contrary to the present law in this circuit with respect to age discrimination, and contrary to governing Supreme Court precedent with respect to willfulness. Therefore, I would reverse and remand for a new trial.
AGE DISCRIMINATION
Dale Stites hired Fred Brown to repair small motors for Stites Concrete, Inc., in July 1986, when Brown was seventy-five years old. In early 1987, Brown asked for and received two weeks of paid vacation that he had not yet…
2Cases cited14 opinions
- Trans World Airlines, Inc. v. ThurstonSupreme Court of the United States · 1985
- Frank L. LOEB, Plaintiff, v. TEXTRON, INC., Et Al., DefendantsCourt of Appeals for the First Circuit · 1979
- Warren A. PROUD, Plaintiff-Appellant, v. Michael P.W. STONE, Secretary of the Army, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1991
- Grady Allen BARNES, Billy Blount, Et Al., Plaintiffs-Appellants, v. SOUTHWEST FOREST INDUSTRIES, INC., Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1987
- Earl HOLLEY, Appellee, v. SANYO MANUFACTURING, INC., AppellantCourt of Appeals for the Eighth Circuit · 1985
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