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MARSHALL v. HAWAIIAN TEL. CO.

No. 76-2874.

575 F.2d 763 (1978)

F. Ray MARSHALL (Successor to Usery), Secretary of Labor, United States Department of Labor, Appellant, v. HAWAIIAN TELEPHONE COMPANY, Appellee.

United States Court of Appeals, Ninth Circuit.

May 26, 1978.

Attorney(s) appearing for the Case

Daniel W. Teehan, U.S. Dept. of Labor, Washington, D.C., for appellant.

Jared H. Jossem of Torkildson, Katz, Conahan, Jossem & Lodin, Honolulu, Hawaii, for appellee.

Before ELY, HUFSTEDLER and WRIGHT, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

The Secretary of Labor appeals from the district court's summary judgment that Hawaiian Telephone Company (Hawtel) did not violate section 4 of the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 623 (1970), by its involuntary retirement of employees because of age.

On appeal, we view the record in the light most favorable to the Secretary, who opposed the motion for summary judgment. Hughes v. IBT...

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