Merrick v. Farmers Insurance Group

892 F.2d 1434 51 Fair Empl.Prac.Cas. (BNA) 1391 , 52 Empl. Prac. Dec. P 39,548 , 58 USLW 2463 , 29 Fed. R. Evid. Serv. 355 D. James MERRICK, Plaintiff-Appellant, v. FARMERS INSURANCE GROUP, a conglomerate insurance company, consisting of Farmers Insurance Exchange, Fire Insurance Exchange, Farmers New World Life Insurance, Mid-Century Insurance Company and Farmers Insurance Company of Idaho, Defendant-Appellee. No. 88-3934. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 12, 1989. Decided Jan. 3, 1990. Beth M. Rivers, Donnelly, Huizenga, Wahl, Hagan & Hergt, P.C., Detroit, Mich., for plaintiff-appellant. Bobbi K. Dominick, Elam, Burke & Boyd, Boise, Idaho, for defendant-appellee. Appeal from the United States District Court for the District of idaho. Before WRIGHT, WALLACE and THOMPSON, Circuit Judges. DAVID R. THOMPSON, Circuit Judge: 1 D. James Merrick ("Merrick") brought suit in the United States District Court for the District of Idaho claiming that Farmers Insurance Group ("Farmers") violated the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-34 , by not promoting him due to his age and by firing him because he…