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McMANN v. UNITED AIR LINES, INC.

No. 75-2206.

542 F.2d 217 (1976)

Harris S. McMANN, Appellant, v. UNITED AIR LINES, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 1, 1976.

Attorney(s) appearing for the Case

Francis G. McBride, McLean, Va., for appellant.

Carin Ann Clauss, Associate Sol., U. S. Dept. of Labor, Washington, D.C. (William J. Kilberg, Sol. of Labor, Jacob I. Karro, Atty., U. S. Dept. of Labor, Washington, D.C., on brief), as amicus curiae.

Joseph A. Rafferty, Jr., Washington, D.C. (Earl G. Dolan, Chicago, Ill., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and CRAVEN, Circuit Judges.

WINTER, Circuit Judge:

This appeal presents a narrow issue: Does the Age Discrimination in Employment Act, 29 U.S.C. §§ 621, et seq., proscribe the retirement of an employee at age 60 when the retirement is brought about solely because of his membership in an employees' retirement plan which contains a provision making retirement mandatory at that age and when the effective date of the retirement plan preceded the effective date of the Act? The answer...

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