MARSHALL v. ATLANTIC CONTAINER LINE, G. I. E.

No. 77 CIV 4767 (LBS).

470 F.Supp. 71 (1979)

Ray MARSHALL, Secretary of Labor, United States Department of Labor, Plaintiff, v. ATLANTIC CONTAINER LINE, G. I. E. and Atlantic Container Line, Inc., Defendants.

United States District Court, S. D. New York.

March 16, 1979.


Attorney(s) appearing for the Case

Francis V. LaRuffa, Regional Sol., U. S. Dept. of Labor, New York City, for plaintiff; Theodore T. Gotsch, New York City, of counsel.

Galland, Kharasch, Calkins & Short, Washington, D. C., for defendants; George F. Galland, Olga Boikess, Thomas A. Johnson, Washington, D. C., of counsel.


SAND, District Judge.

The Secretary of Labor ("Secretary") has alleged in this action that Atlantic Container Line, G. I. E. and Atlantic Container Line, Inc. ("ACL") violated the Age Discrimination in Employment Act, 29 U.S.C. § 623(a) ("ADEA") by involuntarily retiring employees who have reached the age of 62. ACL, on the other hand, contends that these retirements are excluded from the Act by virtue of § 4(f)(2).

Both parties moved for summary...

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