JACQUELYN CONSIDINE V ALWAYS CHRISTMAS INC
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STATE OF MICHIGAN
COURT OF APPEALS
JACQUELYN CONSIDINE,
UNPUBLISHED
Plaintiff-Appellant,
v
No. 184801
Oakland Circuit Court
LC No. 93-467695
ALWAYS CHRISTMAS and BOYD STANDART
ALDRIDGE,
Defendant-Appellees.
Before: Hoekstra, P.J., and Marilyn Kelly and J.B. Sullivan*, JJ.
HOEKSTRA, P.J., (concurring in part, dissenting in part).
I concur with Part I and Part II of the lead opinion, but respectfully dissent from Part III.
Viewing the evidence in a light most favorable to plaintiff, I find no evidence that plaintiff was
replaced by a younger person. Here, plaintiff’s job was essentially eliminated, with some aspects of her
duties being assumed by existing personnel. In that context, plaintiff is unable to prove that she was
replaced.
/s/ Joel P. Hoekstra
* Former Court of Appeals judge, sitting on the Court of Appeals by assignment.
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