Ross Turney v. Beltservice Corporation, a Missouri Corporation

92 F.3d 1194 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ross TURNEY, Plaintiff-Appellant, v. BELTSERVICE CORPORATION, a Missouri corporation, Defendant-Appellee. No. 95-35063. United States Court of Appeals, Ninth Circuit. Submitted July 12, 1996. * Decided Aug. 2, 1996. 1 Before: GOODWIN and BRUNETTI, Circuit Judges, and KING, ** District Judge. 2 MEMORANDUM *** 3 Plaintiff-Appellant, Ross Turney ("Turney" or "Appellant") appeals from the district court's Order entered on December 13, 1994, adopting Magistrate Judge Jelderks' Findings and Recommendations granting Beltservice Corporation's ("Beltservice" or "Appellee") motion for summary judgment in this age discrimination action. The district court's grant of summary judgment is reviewed de novo. Warren v. City of Carlsbad, 58 F.3d 439, 441 (9th Cir.1995), cert. denied, 116 S.Ct. 1261 (1996). "Although courts are generally cautious about granting summary judgment when motivation and intent are at issue, as in Title…