093479P.pdf   01/28/2011  James Haigh  v.  Gelita USA, Inc.
   U.S. Court of Appeals Case No:  09-3479
                          and No:  10-1647
   U.S. District Court for the Northern District of Iowa - Sioux City   
   [PUBLISHED] [Bye, Author, with Riley, Chief Judge, and Benton,
   Circuit Judge]
   Civil case - Employment discrimination. Even assuming plaintiff made
   a prima facie case on his Age Discrimination in Employment Act claim,
   the district court did not err in granting the employer summary judgment
   as plaintiff failed to show the legitimate, non-discriminatory reason stated
   for his termination - failure to meet performance expectations - was a
   pretext for discrimination; district court did not abuse its discretion by
   denying plaintiff's Rule 59 motion for a new trial where plaintiff's claim
   that his health affected his participation in the trial was not supported by
   the court's observations at trial; nor did the court err in denying plaintiff's
   Rule 60(b)(2) motion where plaintiff failed to present the evidence to the
   court.