C. Thomas RYTHER, Plaintiff-Appellee, v. KARE 11, an NBC Affiliate; Gannett Co., Inc., Defendants-Appellants

LAY, Circuit Judge.*

This age discrimination case comes before this court on a rehearing en bane. Our earlier panel opinion, affirming the district court’s denial of a new trial and the denial of a post-verdict motion for judgment as a matter of law, appeared in 84 F.3d 1074 (8th Cir.1996). At oral argument before the court en banc, KARE 11, which appeals from the judgment of the district court, challenged only the sufficiency of the evidence and argued that the plaintiff failed'as a matter of law to make a submissible case to the jury. Because we deem this issue to be the significant claim on…