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Argued: January 11, 2001

Appeal from a grant of summary judgment dismissing a complaint in the United States District Court for the Southern District of New York (Alvin K. Hellerstein, Judge). Appellant claims that he was terminated from employment due to his age. He argues that the district court failed to consider evidence of pretext and that material facts are in dispute. We disagree and affirm.

Robert Roge appeals from Judge Hellerstein’s grant of summary judgment and dismissal of his complaint. Roge claims that his employer, NYP Holdings, Inc. (usually “Post”), owner of the New York Post, terminated him because of his age. On appeal, he argues that the district court failed to consider evidence of pretext and that other material issues of fact remain in dispute. However, it is undisputed that Roge’s position was eliminated in the course of a cost-saving restructuring. Further, the circumstances surrounding his claims for disability benefits provided a legitimate, nondiscriminatory reason to select him for termination. We therefore affirm.

 
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