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PORTLAND (AP) – A federal judge has brushed aside a $3 million jury award in a discrimination lawsuit brought by a former worker at the International Paper Co. mill in Bucksport.

The award of $1 million in compensatory damages and $2 million in punitive damages to Gary Webber was a record in the state for an employment discrimination suit based on disability, according to the Maine Trial Lawyers Association.

The jury ruled in October after a three-day trial that International Paper discriminated against Webber, 50, of Trenton, on the basis of his disability due to a work-related injury. He was laid off in 2001 as part of a companywide work force reduction.

In a ruling Wednesday, U.S. District Judge George Singal granted the company’s motion for a summary judgment. He cited a lack of evidence connecting the elimination of Webber’s job to discrimination against people with disabilities.

“To sum up,” wrote Singal, “even if there were sufficient evidence from which a jury could conclude that the reasons offered by IP for Mr. Webber’s termination were untrue, Mr. Webber simply did not present enough evidence to allow an inference that the true reason of his dismissal was disability discrimination.”

Webber’s attorney, A.J. Grief of Bangor, said he plans to appeal Singal’s decision to the 1st Circuit Court of Appeals.

“I’m looking forward to having the judgment reinstated and enlarged on appeal,” Grief said.

“The only issue now becomes, “Could a reasonable juror find that discrimination had occurred?’ And I believe that all eight of these jurors acted reasonably.”

Earlier this year, the judge reduced the jury’s award to $300,000 as required by the federal damage cap law and granted Webber back pay of more than $27,000 plus interest.

IP’s attorney, Jonathan Harmon of Richmond, Va., could not be reached Wednesday for comment.

AP-ES-06-10-04 0217EDT


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