Simmons v. McGuffey Nursing Home, Inc., No. 79-1434

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore WISDOM, RONEY and HATCHETT; PER CURIAM
Citation619 F.2d 369
Parties23 Fair Empl.Prac.Cas. 199, 23 Empl. Prac. Dec. P 31,034 Robert B. SIMMONS, Plaintiff-Appellant, v. McGUFFEY NURSING HOME, INC., et al., Defendants-Appellees.
Decision Date16 June 1980
Docket NumberNo. 79-1434

Page 369

619 F.2d 369
23 Fair Empl.Prac.Cas. 199,
23 Empl. Prac. Dec. P 31,034
Robert B. SIMMONS, Plaintiff-Appellant,
v.
McGUFFEY NURSING HOME, INC., et al., Defendants-Appellees.
No. 79-1434.
United States Court of Appeals,
Fifth Circuit.
June 16, 1980.

Page 370

William F. Prosch, Jr., Birmingham, Ala., for plaintiff-appellant.

Inzer, Suttle, Swann & Stivender, James C. Inzer, Jr., James C. Stivender, James Scott Sledge, Gadsden, Ala., for McGuffey Nursing Home, Inc., et al.

Appeal from the United States District Court for the Northern District of Alabama.

Before WISDOM, RONEY and HATCHETT, Circuit Judges.

PER CURIAM:

This is an age discrimination case. Robert B. Simmons, the plaintiff, a 51-year-old man, contends that the McGuffey Nursing Home, Inc., (McGuffey) located in Gadsden, Alabama, violated the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., by terminating him as Administrator of the home. He was replaced by a 34-year-old man. 1

Mrs. Bessie McGuffey owned and operated the nursing home for many years. In December 1949 Robert Simmons married one of her daughters. In 1954 he went to work for McGuffey as a yard and maintenance man. By 1972 he was Administrator and a non-voting member of the Board of Directors. After the mother's death in 1973 her three daughters have been stockholders, jointly owning less than 50 percent of the stock. The remainder of the stock, and therefore control of the company, was placed in trust with a corporate fiduciary, Central Bank. The seven members of the Board of Directors consisted of the three sisters, an officer of the trustee bank, the accountant for McGuffey, the attorney for McGuffey, and the plaintiff.

Marital problems between Simmons and his wife flared up in 1975. They were separated in late 1975 and were divorced in January 1976. The district court found that "the circumstances surrounding the divorce were less than amiable (sic)".

In November 1976 the Board of Directors of McGuffey voted unanimously not to renew Simmons's contract for 1977. McGuffey's attorney was not present. Simmons agreed to stay on as Administrator until a replacement could be found. A 34-year-old man was hired in February 1977.

On May 12, 1977, Simmons filed a notice of intent to sue for alleged age discrimination with the Secretary of Labor. After the Department of Labor advised him that its efforts to eliminate the alleged discrimination through informal conciliation procedures had been unsuccessful, he filed suit on December 5, 1977. On January 2, 1979, the district court found that the decision not to renew the contract was based on Simmons's "strained relationship with three of the stockholders, one being his former wife and the others being former sisters-in-law" and that Simmons had shown no evidence "which might infer that age was even a factor in the decision not to renew...

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42 practice notes
  • Thornbrough v. Columbus and Greenville R. Co., No. 84-4410
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 17, 1985
    ...see also United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962); Simmons v. McGuffey Nursing Home, 619 F.2d 369, 371 (5th Cir.1980). The party who defended against the motion for summary judgment must have his allegations taken as true and must receive th......
  • Carlson v. Wplg/Tv-10, Post-Newsweek Stations, No. 94-0228-CIV.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • April 25, 1996
    ...656 F.2d 120, 129 (5th Cir.1981) (note on paper saying "too old- lay off" was direct evidence); Simmons v. McGuffey Nursing Home, Inc., 619 F.2d 369, 371 (5th Cir.1980) (remark that board wanted younger man was not direct evidence). For a comment to demonstrate discriminatory intent, it mus......
  • Castle v. Sangamo Weston, Inc., Civ. A. No. 81-421-Civ-T-GC
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • July 17, 1986
    ...(5th Cir.1983), cert. denied, 467 U.S. 1215, 104 S.Ct. 2658, 81 L.Ed.2d 364 (1984); 21 F.2d 2819; Simmons v. McGuffey Nursing Home, Inc., 619 F.2d 369 (5th Cir.1980); Graefenhain v. Pabst Brewing Co., 620 F.Supp. 696 (E.D.Wis.1985); Williamson v. Owens-Illinois, Inc., 589 F.Supp. 1051 (N.D.......
  • Kohser v. Protective Life Corp., Case No.: 2:11-CV-3915-VEH
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • March 25, 2015
    ...of age discrimination. See, e.g., Reeves v. General Goods Corp., 682 F.2d 515, 524 (5th Cir. 1982); Simmons v. McGuffy Nursing Home, Inc., 619 F.2d 369 (5th Cir. 1980); AquaminaPage 30 v. Eastern Airlines, Inc., 644 F.2d 506 (5th Cir. 1981); Dale v. Chicago Tribune Co., 797 F.2d 458 (7th Ci......
  • Request a trial to view additional results
42 cases
  • Thornbrough v. Columbus and Greenville R. Co., No. 84-4410
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 17, 1985
    ...see also United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962); Simmons v. McGuffey Nursing Home, 619 F.2d 369, 371 (5th Cir.1980). The party who defended against the motion for summary judgment must have his allegations taken as true and must receive th......
  • Carlson v. Wplg/Tv-10, Post-Newsweek Stations, No. 94-0228-CIV.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • April 25, 1996
    ...120, 129 (5th Cir.1981) (note on paper saying "too old- lay off" was direct evidence); Simmons v. McGuffey Nursing Home, Inc., 619 F.2d 369, 371 (5th Cir.1980) (remark that board wanted younger man was not direct evidence). For a comment to demonstrate discriminatory intent, it mu......
  • Castle v. Sangamo Weston, Inc., Civ. A. No. 81-421-Civ-T-GC
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • July 17, 1986
    ...(5th Cir.1983), cert. denied, 467 U.S. 1215, 104 S.Ct. 2658, 81 L.Ed.2d 364 (1984); 21 F.2d 2819; Simmons v. McGuffey Nursing Home, Inc., 619 F.2d 369 (5th Cir.1980); Graefenhain v. Pabst Brewing Co., 620 F.Supp. 696 (E.D.Wis.1985); Williamson v. Owens-Illinois, Inc., 589 F.Supp. 1051 (N.D.......
  • Kohser v. Protective Life Corp., Case No.: 2:11-CV-3915-VEH
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Northern District of Alabama
    • March 25, 2015
    ...of age discrimination. See, e.g., Reeves v. General Goods Corp., 682 F.2d 515, 524 (5th Cir. 1982); Simmons v. McGuffy Nursing Home, Inc., 619 F.2d 369 (5th Cir. 1980); AquaminaPage 30 v. Eastern Airlines, Inc., 644 F.2d 506 (5th Cir. 1981); Dale v. Chicago Tribune Co., 797 F.2d 458 (7th Ci......
  • Request a trial to view additional results

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