072199P.pdf   04/04/2008  Danny Fitzgerald  v.  Action, Incorporated
   U.S. Court of Appeals Case No:  07-2199
   U.S. District Court for the Western District of Arkansas - Ft. Smith   
   [PUBLISHED] [Bye, Author, with Riley and Benton, Circuit Judges]
   Civil case - Employment Discrimination. Plaintiff put forth sufficient
   evidence to show that the employer's stated reason for his charge -
   accumulated misconduct - was a pretext for interfering with his insurance
   rights in violation of ERISA, and the district court erred in granting the
   employer's motion for summary judgment on this claim; the district court
   did not err in granting the employer summary judgment on plaintiff's
   ADEA claim, however, as plaintiff's evidence was insufficient to create a
   reasonable inference that age was a determinative factor in his discharge.