DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
062107P.pdf 05/17/2007 Marlow Morgan v. A.G. Edwards & Sons
U.S. Court of Appeals Case No: 06-2107
U.S. District Court for the Eastern District of Arkansas - Little Rock
[PUBLISHED] [Riley, Author, with Hansen and Smith, Circuit Judges]
Civil Case - Age Discrimination. District court's grant of summary
judgment to employer is affirmed. Employer's voluntary early retirement
incentive plan, in which employee did not elect to participate, was not
coercive nor evidence of age discrimination and fell within the safe
harbor provision. Proffered evidence did not constitute direct evidence
of age discrimination. Because employee was replaced by older employee,
employee did not make a prima facie case of age discrimination and
evidence did not support notion that replacement was merely to gain
tactical advantage in any future litigation.