in our opinion, but we have no doubt that the opinion as a whole is true to its provisions. See Opinion at 366.
Plaintiffs also protest our description of Mr. Brieck on page 366 as having "little experience in areas related to installation specialist." It appears that our use of the word "related" is stricter than counsels' understanding, since defendant, after receiving plaintiffs' motion, also seeks to have this statement amended by changing the word to "unrelated." We referred to an installation specialist as one who supervises installations of refractory material, trains customers employees in operation and maintenance, and trouble-shoots to resolve complaints. See Opinion at 364. We referred to areas related to installation specialist as those which do not involve actual installation, such as price quotations, customer contact, and factory ordering, but which are executed by other personnel before and after the installation as part of the overall business of selling refractory products. Thus, "related" was intended to convey the meaning of areas connected with installation work without actually being part of it. We found that experience in these areas distinguished the relative qualifications of Brieck and Faust. In failing to create a dispute of fact over this issue by reference to relevant proof, and thus failing to refute defendant's explanation of legitimate reasons for its actions, there was no obstacle to finding defendant entitled to judgment as a matter of law. In any event, we will attempt to clarify our opinion by adding the word "other" to our language on page 6, so that the clause will read, "little experience in other areas related to installation specialist."
Finally, plaintiffs have not identified the rule under which they file their motion. It can only fall under Rule 60 since it was not filed within 10 days of our December 19, 1985 order as required by Rule 59. Sonnenblick-Goldman Corp. v. Nowalk, 420 F.2d 858 (3d Cir. 1970). Under Rule 60, however, the time for filing appeal is not tolled. We therefore will enlarge the time for appeal for 10 days beyond the date of this order.
ORDER - January 16, 1986, Filed
Plaintiffs' Motion for Reconsideration of the Court's December 19, 1985 Opinion and Order is DENIED. The time for filing an appeal from that Order is enlarged for 10 days beyond the date of this order. Furthermore, the Opinion accompanying the December 19, 1985 order shall be amended in accordance with the foregoing opinion. This amendment in no way affects the judgment.
SO ORDERED this 16th day of January 1986.
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