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CRISWELL v. DELTA AIR LINES, INC.

No. 87-5771.

868 F.2d 1093 (1989)

Charles G. CRISWELL; Eugene R. Black, Plaintiffs-Appellees, v. DELTA AIR LINES, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Memorandum Filed October 12, 1988.

Decided February 28, 1989.

Certiorari Denied March 6, 1989.

Attorney(s) appearing for the Case

William H. Boice, L. Dale Owens, and Thomas J. Munger, Atlanta, Ga., for defendant-appellant.

Raymond C. Fay, Bell, Boyd & Lloyd, Washington, D.C., and Alan M. Serwer, Chicago, Ill., for plaintiffs-appellees.

Before BROWNING, NELSON and CANBY, Circuit Judges.

INTRODUCTION

CANBY, Circuit Judge:

This action had its genesis more than ten years ago when pilot Charles Criswell, and two other plaintiffs, were forced to retire at age 60 by Western Air Lines ("Western"). A jury found that Western had violated the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-34, when it (1) refused to allow DC-10 captains nearing the age of sixty to down-bid to the position of second officers (flight engineers), and...

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