JOHN BALDERSTON and JOHN GABRIEL v. FAIRBANKS MORSE ENGINE DIVISION OF COLTEC INDUSTRIES, Appeal from the United States…

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604

May 22, 2003

Before

Hon. HARLINGTON WOOD, JR., Circuit Judge

Hon. FRANK H. EASTERBROOK, Circuit Judge
Hon. MICHAEL S. KANNE, Circuit Judge

No. 01-1166
JOHN BALDERSTON and JOHN
GABRIEL,

Plaintiffs-Appellants,

V.
FAIRBANKS MORSE ENGINE
DIVISION OF COLTEC INDUSTRIES,

Appeal from the United States District
Court for the Western District
of Wisconsin

No. 00-C-68

Barbara B. Crabb,
Chief Judge.

Defendant-Appellee.

# ORDER

The opinion of the court in the above-entitled case, issued April 17, 2003, is amended as
follows:

The first paragraph, third sentence, of the opinion should
read as follows:

The district court granted summary judgment in favor of
Fairbanks, finding that even if plaintiffs had established a prima
facie case of age discrimination, they had not offered sufficient
evidence to support a finding that Fairbanks' stated reasons for
termination were pretextual.