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Julie A. Smith v. Lafayette Bank & Trust Company

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SUBMITTED MAY 3, 2011

Before ROVNER and WILLIAMS, Circuit Judges, and YOUNG, District Judge.*fn1

Julie Smith sued Lafayette Bank & Trust Company (“Bank”), alleging age discrim- ination and retaliation in violation of the Age Discrimina-tion in Employment Act of 1967 (“ADEA”), 29 U.S.C. §§ 621 et seq. The Bank thereafter filed a counterclaim against Smith, alleging breach of the Indiana Trade Secrets Act, Indiana Code §§ 24-2-3-1 et seq., civil and criminal conversion regarding the Bank’s records and documents Smith allegedly had taken, and for replevin. The Bank moved for summary judgment, and, in re- sponse, Smith waived her ADEA age discrimination claim. The district court later granted the Bank’s motion for summary judgment on Smith’s ADEA retaliation claim, and remanded the Bank’s counterclaims to the state court for further proceedings. Smith appeals the district court’s grant of summary judgment with respect to her ADEA retaliation claim. For the reasons set forth below, we affirm.

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