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OSBORN v. AMERICAN ASS'N OF RETIRED PERSONS

No. 78-3744.

660 F.2d 740 (1981)

Orin O. OSBORN, on his behalf and on behalf of all others similarly situated, Plaintiffs-Appellants, v. AMERICAN ASSOCIATION OF RETIRED PERSONS, an association incorporated under the laws of the District of Columbia, and National Retired Teachers Association, an association incorporated under the laws of the State of California, and the United States Department of Labor, an Executive agency of the United States, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 6, 1981.

Attorney(s) appearing for the Case

David S. Admire, Arnold T. Barer, Weckworth, Barer & Meyer, Seattle, Wash., for plaintiffs-appellants.

Bart Waldman, Seattle, Wash., Carin Ann Clauss, Charles G. Preston, Washington, D. C., for defendants-appellees.

Before TRASK and GOODWIN, Circuit Judges, and WATERS, District Judge.

TRASK, Circuit Judge:

Appellants, individuals employed pursuant to a federal aid program established by statute, appeal from dismissal of their class action against the Department of Labor (DOL), the American Association of Retired Persons and the National Retired Teachers Association (collectively AARP) pursuant to Fed.R.Civ.P. 12(b)(6). Appellants contend that a private right of action is implied by the statutory wage provision...

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