Betty Jane BURGER, Plaintiff-Appellant, v. NEW YORK INSTITUTE OF TECHNOLOGY, Defendant-Appellee
Court of Appeals for the Second Circuit
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…
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