# Benjamin W. BROWNLOW, Plaintiff-Appellee, v. EDGECOMB METALS COMPANY, Defendant-Appellant

> Court of Appeals for the Sixth Circuit · March 13, 1989 · 867 F.2d 960

URL: https://www.frixlaw.com/law-library/cases/9478706

## Case

- **Full name:** 49 Fair empl.prac.cas. 346, 49 Empl. Prac. Dec. P 38,683 Benjamin W. Brownlow v. Edgecomb Metals Company
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** March 13, 1989
- **Citations:** 867 F.2d 960; 1989 WL 10493
- **Precedential status:** Published
- **Opinion:** Dissent by Guy
- **Judges:** Kennedy, Guy, Ryan
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9478706

## How later opinions describe it (automated extraction)

- reversing trial court verdict for plaintiff in ADEA reduction-in-force case because positions were not established until following year

## Opinion text

RALPH B. GUY, Jr., Circuit Judge,
dissenting.
The majority states that the determinative issue in this appeal is “quintessentially a question of fact.” I agree. However, I do not believe that the record supports a conclusion that the district judge was clearly erroneous in his findings of fact. The majority decides this case in a plausible manner and reaches a result for which there is evidentiary support. In doing so, however, I believe they have substituted their judgment for that of the district court. I would affirm.
In the course of affirmance, I would look closely at the damages awarded. The plaintiff appears to have emerged from all of this better off financially than if he had been retained. Perhaps this is at least a partial, if unspoken, reason for the reversal.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9478706. Public record. Not legal advice.