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Felinska v. New England, 96-1589 (1996)

Court: Court of Appeals for the First Circuit Number: 96-1589 Visitors: 4
Filed: Nov. 06, 1996
Latest Update: Mar. 02, 2020
Summary: , ____________, Anne McCully Murphy with whom Charles P. O'Connor, Morgan, Lewis, ____________________ ____________________ _____________, Bockius, LLP, Christopher N. Souris and Feinberg, Charnas , ________________ _______________________ _____________________, Birmingham, P.C.district court.
USCA1 Opinion












[NOT FOR PUBLICATION] [NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT FOR THE FIRST CIRCUIT
____________________

No. 96-1589

MARIA FELINSKA,

Plaintiff, Appellant,

v.

NEW ENGLAND TEAMSTERS AND TRUCKING
INDUSTRY PENSION FUND,

Defendant, Appellee.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Nancy Gertner, U.S. District Judge] ___________________

____________________

Before

Cyr, Boudin and Lynch,

Circuit Judges. ______________

____________________

Matthew Cobb for appellant. ____________
Anne McCully Murphy with whom Charles P. O'Connor, Morgan, Lewis ____________________ ____________________ _____________
& Bockius, LLP, Christopher N. Souris and Feinberg, Charnas & ________________ _______________________ _____________________
Birmingham, P.C. are on brief for appellee. ________________


____________________

November 6, 1996
____________________
















Per Curiam. Maria Felinska appeals from the district __________

court's summary judgment dismissing her claim that her former

employer had discriminated against her by constructively

discharging her because of her age in violation of the Age

Discrimination in Employment Act, 29 U.S.C. 621 et. seq. ________

The district court ruled that Felinska had not presented a

prima facie case because, even accepting her allegations of

fact as true, they did not demonstrate a constructive

discharge. Greenberg v. Union Camp Corp., 48 F.3d 22, 26 _________ _________________

(1st Cir. 1995). After reviewing the parties' briefs and the

record, we affirm substantially for the reasons given by the

district court.

Affirmed. ________



























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Source:  CourtListener

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