Nos. 81-5536, 81-5619, 81-6013, 81-6023 and 82-5082.

709 F.2d 544 (1983)

Charles G. CRISWELL, Albert Ron, Rulon H. Starley, Plaintiffs-Appellees/Cross-Appellants, v. WESTERN AIRLINES, INC., Defendant-Appellant/Cross-Appellee, Joan Celia Lavine, Non-Party Appellant. Westcot B. STONE III, Bill H. Pelton, Jack R. Dean, Norval P. Cavett, Alan L. McLaren, Brentnall J. Higgs, Henry J. Wiegand, Albert J. White, and Robert L. Butler, Plaintiffs-Appellees, v. WESTERN AIRLINES, INC., Defendant-Appellant. Western Airlines, Inc., Third-Party Complainant/Appellant, Air Line Pilots Association International, etc., et al., Third-Party Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 28, 1983.

Attorney(s) appearing for the Case

Raymond C. Fay, Haley, Bader & Potts, Chicago, Ill., Robert S. Venning, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., Jay P. Levy-Warren, Michael E. Abram, Cohen, Weiss & Simon, New York City, for appellees.

Donald K. Hall, Darling, Rae & Gute, Los Angeles, Cal., for Western Air Lines, Inc.

Joan Celia Lavine, Los Angeles, Cal., pro se.

Before KENNEDY, TANG and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

Western Airlines, Inc. appeals two adverse decisions in which the district court found that it had violated the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-34. The trial court determined that Western violated the ADEA when it (1) refused to allow DC-10 captains nearing the age of sixty to downbid to the position of flight engineer and (2) imposed a mandatory retirement age of sixty on flight engineers as a matter of company...

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