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WHITTLESEY v. UNION CARBIDE CORP.

Nos. 1146, 1094, Dockets 84-7066, 84-7118.

742 F.2d 724 (1984)

John W. WHITTLESEY, Plaintiff-Appellee-Cross-Appellant, v. UNION CARBIDE CORP., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 22, 1984.

Attorney(s) appearing for the Case

Judith P. Vladeck, New York City (Joseph J. Garcia, Anne C. Vladeck, Vladeck, Waldman, Elias & Englehard, P.C., New York City, of counsel), for plaintiff-appellee-cross-appellant.

Eugene T. D'Ablemont, New York City (William A. Krohley, Kelley, Drye & Warren, New York City, of counsel), for defendant-appellant-cross-appellee.

Justine S. Lisser, Atty. E.E.O.C., Washington, D.C. (David L. Slate, General Counsel, Philip B. Sklover, Associate General Counsel, Vincent Blackwood, Asst. General Counsel, Washington, D.C., of counsel), for E.E.O.C. as amicus curiae.

Before CARDAMONE, and PRATT, Circuit Judges, and DUDLEY B. BONSAL of the United States District Court for the Southern District of New York, sitting by designation.

GEORGE C. PRATT, Circuit Judge.

Defendant Union Carbide Corporation appeals from a judgment of the United States District Court for the Southern District of New York, Pierre Leval, Judge, determining that Union Carbide's compulsory retirement of plaintiff, John Whittlesey, violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. (1982), and that Whittlesey's position as chief labor counsel of Union Carbide was not a "bona...

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