Legal Opinion

Betty Jane BURGER, Plaintiff-Appellant, v. NEW YORK INSTITUTE OF TECHNOLOGY, Defendant-Appellee

Court of Appeals for the Second Circuit

Decided September 9, 1996No. 1135, Docket 95-7859PublishedCited by 60 opinions

1Opinion of the Court

WINTER, Circuit Judge:

Betty Jane Burger appeals from Judge Real’s dismissal of her action under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621 et seq. The district court dismissed Burger’s claim after her main case-in-chief. However, the district court did not make the findings required under Rule 52(e), Fed.R.Civ.P., and, viewing the evidence in the light most favorable to Burger, we conclude that she established a prima facie case. We therefore reverse.

BACKGROUND

Burger was employed for approximately eleven years in the accounting department of New York Institute of…

2Cases cited14 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  3. St. Mary's Honor Center v. HicksSupreme Court of the United States · 1993
  4. International Brotherhood of Teamsters v. United StatesSupreme Court of the United States · 1977
  5. Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994

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3Cited by60 opinions

  1. John C. Norton v. Sam's Club, Wal-Mart Corp., Wal-Mart Stores, Inc.Court of Appeals for the Second Circuit · 1998
  2. Maxine GRADY, Plaintiff-Appellant, v. AFFILIATED CENTRAL, INC., Defendant-AppelleeCourt of Appeals for the Second Circuit · 1997
  3. Hydro Investors, Inc. v. Trafalgar Power Inc.Court of Appeals for the Second Circuit · 2000
  4. Kirsch v. Fleet Street, Ltd.Court of Appeals for the Second Circuit · 1998
  5. Morris v. Northrop Grumman Corp.District Court, E.D. New York · 1999

55 more not listed; retrieve them via the Exa API.

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