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SIMPSON v. ALASKA STATE COMMISSION FOR HUMAN RIGHTS

No. 77-1289.

608 F.2d 1171 (1979)

Jack R. SIMPSON, Plaintiff-Appellee, v. ALASKA STATE COMMISSION for HUMAN RIGHTS, Intervenor, v. PROVIDENCE WASHINGTON INSURANCE GROUP, a Foreign Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 11, 1979.

Attorney(s) appearing for the Case

Richard O. Gantz (argued), of Hughes, Thorsness, Gantz, Powell & Brundin, Anchorage, Alaska, on brief, for defendant-appellant.

Paul L. Davis, of Edgar Paul Boyko & Associates, P. C., Anchorage, Alaska, on brief; Edgar Paul Boyko and Paul L. Davis, Carolyn E. Jones, Asst. Atty. Gen., Anchorage, Alaska, for plaintiff-appellee.

Before BROWNING and KENNEDY, Circuit Judges, and PECKHAM, District Judge.

KENNEDY, Circuit Judge:

Appellants challenge the district court's holding that federal law does not preempt an Alaska statute prohibiting age discrimination in employment. For the reasons set out below, we affirm.

The plaintiff, Jack R. Simpson, was a citizen and resident of the State of Alaska, and was employed there as a claims adjuster for the Alaska office of an insurance company. Pursuant to a company-wide mandatory retirement plan, Simpson was retired...

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