STRANCH, J., delivered the opinion of the court in which KETHLEDGE, J., joined, and GWIN, D.J., joined in part. GWIN, D.J. (p. 581), delivered a separate concurring opinion. OPINION JANE B. STRANCH, Circuit Judge. Plaintiff Robert Back sued his former employer, Nestlé USA, Inc., alleging that the company discriminated against him based on his age by terminating him, thereby violating t…
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