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Webb Wheel Products

6/3/2005

ff. Furthermore, there is no testimony indicating that there were no more pallets to be repaired and therefore no more work for Hanvey to do so that a layoff was called for before the end of the day. Additionally, Link testified that the decision to lay off Hanvey was made on the morning of October 19. The jury could have inferred from the two-hour delay that Link was consulted and that he instructed Hill to go ahead and discharge Hanvey before he would have been subject to being laid off as a result of the reduction in workforce. We cannot say as a matter of law, without impermissibly reweighing the evidence, that the jury could not have concluded that Webb Wheel's stated reason for Hanvey's discharge was pretextual. Consequently, Webb Wheel was not entitled to a JML, and the trial court properly denied its postjudgment motion on that basis.






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