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MARSHALL v. ROBERTS DAIRY CO.

No. 77-1627.

572 F.2d 1271 (1978)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Appellant, v. ROBERTS DAIRY COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 30, 1978.

Attorney(s) appearing for the Case

John K. Light, Atty., U. S. Dept. of Labor, argued, Jacob I. Karro, U. S. Dept. of Labor, Washington, D. C., Charles E. Sykes, Omaha, Neb., for appellant; Carin Ann Clauss, Sol. of Labor, Donald S. Shire, Associate Sol., Washington, D. C., on brief.

Roger J. Miller, Nelson, Harding, Marchetti, Leonard & Tate, Omaha, Neb., argued for appellee; Wayne R. Gold, Omaha, Neb., on brief.

Before BRIGHT, STEPHENSON, and HENLEY, Circuit Judges.

BRIGHT, Circuit Judge.

Secretary of Labor Ray Marshall appeals from an adverse judgment in an action against Roberts Dairy Company (Dairy). The Secretary charged the Dairy with violating the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634 (1970), by discharging six employees whose ages ranged from fifty-nine to sixty-three years. The district court1 found that the discharge resulted from business reasons unrelated...

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