Weber
Weber v. Department of Veterans Affairs
Opinion
Lead Opinion
MEMORANDUM ***
This appeal comes before us following remand in Weber v. Nicholson, 253 Fed.Appx. 672 (9th Cir.2007). There, we vacat *231 ed the district court’s findings of facts and conclusions of law, made after a bench trial. We remanded, because the district court had not made its factual findings in the framework formulated in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973). Weber, 253 Fed.Appx. at 674 . Following remand, the district court revised its factual findings and detailed them according to the McDonnell burden-shifting framework. Weber v. Peake, No. CV 02-10-H-SEH, 2008 WL 3200849 (D.Mont. Aug.7, 2008). The district court again concluded there was no age discrimination, dismissed the case, and entered judgment for the defendants.
William N. Weber, M.D. (“Weber”) now appeals the district court’s conclusions that the record did not support a finding of age discrimination under the Age Discrimination Employment Act, 29 U.S.C. §§ 621-634 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.
When reviewing a district court’s factual findings, we employ a “clearly erroneous” standard. Anderson v. City of Bessemer,…