David Palmer v. BRITTON INDUSTRIES, INC. D.N.J. No. 3:14-cv-05457

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
No. 16-1010
DAVID PALMER,
Appellant
v.
BRITTON INDUSTRIES, INC.
(D.N.J. No. 3:14-cv-05457)
Present: HARDIMAN and SCIRICA, Circuit Judges, and ROSENTHAL*, District
Judge.
1. Motion by James Mangarella for removal or redaction of statement in Court’s
Opinion
Respectfully,
Clerk/CND
_________________________________ORDER________________________________
The foregoing Motion is Granted as Follows. It is hereby ordered that the Courts non-
precedential opinion filed November 7, 2016 is vacated and the Clerk is directed to file
the amended nonprecedential opinion, which provides as follows: 1) the sentence on page
3 beginning with “According to Palmer” is deleted; 2) the sentence on page 4 that begins
with “The District Court first held” is modified to state “The District Court first held that
an alleged comment by Mangarella during a conversation criticizing Palmer’s sales
performance was not direct evidence of age discrimination.”; and 3) the sentence on page
6 that begins with “Palmer argued that the District Court erred in finding” is modified to
state “Palmer argued that the District Court erred in finding that Mangarella’s alleged
remark was not legally sufficient direct evidence of age discrimination.”
As these amendments do not affect the reasoning or outcome, no new judgment or
mandate shall issue.
* The Honorable Lee H. Rosenthal, United States District Judge for the Southern District
of Texas, sitting by designation.

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By the Court,
s/ Thomas M. Hardiman
Circuit Judge
Dated: February 26, 2025
CND/cc: All Counsel of Record
James Mangarella

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