Legal Opinion

Marshall v. Westinghouse Electric Corp.

Court of Appeals for the Fifth Circuit

Decided July 12, 1978No. 76-3672PublishedCited by 34 opinions

1Opinion of the Court

THORNBERRY, Circuit Judge:

The Secretary of Labor sued Westinghouse Electric Corporation under 29 U.S.C. 626(b), the Age Discrimination in Employment Act, seeking injunctive relief against the defendant Westinghouse and the reinstatement of a former employee of Westinghouse, Sam Eldon. Defendants moved for summary judgment because Eldon’s complaint had been filed more than two *590years after his termination and it failed to allege a willful violation of the act.1

The district court held that Sam Eldon, who had worked for Westinghouse from 1948 to 1973, was terminated for reasons other than age: It…

2Cases cited11 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Mrs. Lorena W. Weeks v. Southern Bell Telephone & Telegraph Company, Southern Bell Telephone & Telegraph Company v. Mrs. Lorena W. WeeksCourt of Appeals for the Fifth Circuit · 1969
  3. Thor C. LAUGESEN, Plaintiff-Appellant, v. the ANACONDA COMPANY, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1975
  4. Celio DIAZ, Jr., Plaintiff-Appellant, v. PAN AMERICAN WORLD AIRWAYS, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1971
  5. William F. TURNER, Plaintiff-Appellee, v. TEXAS INSTRUMENTS, INCORPORATED, Defendant-AppellantCourt of Appeals for the Fifth Circuit · 1977

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

3Cited by34 opinions

  1. Frank L. LOEB, Plaintiff, v. TEXTRON, INC., Et Al., DefendantsCourt of Appeals for the First Circuit · 1979
  2. Lusardi v. Xerox Corp.District Court, D. New Jersey · 1987
  3. Rayford C. PACE, Plaintiff-Appellant, v. SOUTHERN RAILWAY SYSTEM, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1983
  4. Maureen E. Coughlin and Frank S. Mistretta v. Harry Lee A/K/A Jefferson Parish SheriffCourt of Appeals for the Fifth Circuit · 1991
  5. Panola Land Buyers Ass'n v. ShumanCourt of Appeals for the Eleventh Circuit · 1985

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

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