EQUAL EMPLOYMENT OPPORTUNITY COM'N v. SHELL OIL CO.

CA No. 79-4053.

637 F.2d 683 (1981)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. SHELL OIL COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 23, 1981.


Attorney(s) appearing for the Case

David A. Grant, Dept. of Labor, Washington, D. C., on brief; Joseph M. Woodward, Dept. of Labor, Washington, D. C., for plaintiff-appellant.

David M. Heilbron, McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for defendant-appellee.

Before BROWNING, PECK, and FARRIS, Circuit Judges.


PER CURIAM:

The Secretary of Labor appeals the district court's order granting Shell's motion for summary judgment. The action was instituted by the Secretary against Shell for Shell's alleged improper retiring of thirteen employees in 1972-1973. We affirm.

FACTS

The Secretary alleged that Shell violated section 4(a)(1) of the Age Discrimination in Employment Act (ADEA) of 1967, 29 U.S.C. § 623(a)(1) (1976), by discharging 13 employees solely...

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