Damon V. Fleming Supermarkets Of Florida

In this age discrimination suit, Appellants Walter Damon and Richard Kanafani appeal from an order of the district court granting summary judgment in favor of the defendant, Fleming Supermarkets of Florida, Inc. d/b/a Hyde Park Markets, f/d/b/a Wooley's Fine Foods ("Fleming"). Damon and Kanafani brought this action against Fleming, their former employer, alleging violations of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 621-634, and the Florida Civil Rights Act of 1992, Fl.Stat.Ann. §§ 760.01-760.11. The district court concluded that neither plaintiff had established a prima facie case of age discrimination, nor, in the alternative, had demonstrated that the legitimate nondiscriminatory reasons proffered by Fleming for their terminations were a pretext for age discrimination. We disagree, finding material facts in dispute. Accordingly, we reverse the order of summary judgment and remand for trial.