17 Fair empl.prac.cas. 1091, 17 Empl. Prac. Dec. P 8398, 1 Employee Benefits Ca 1664 F. Ray Marshall (Successor to Usery), Secretary of Labor, United States Department of Labor v. Hawaiian Telephone Company

575 F.2d 763 17 Fair Empl.Prac.Cas. 1091 , 17 Empl. Prac. Dec. P 8398, 1 Employee Benefits Ca 1664 F. Ray MARSHALL (Successor to Usery), Secretary of Labor, United States Department of Labor, Appellant, v. HAWAIIAN TELEPHONE COMPANY, Appellee. No. 76-2874. United States Court of Appeals, Ninth Circuit. May 26, 1978. Daniel W. Teehan, U.S. Dept. of Labor, Washington, D.C., for appellant. Jared H. Jossem of Torkildson, Katz, Conahan, Jossem & Lodin, Honolulu, Hawaii, for appellee. Appeal from the United States District Court for the District of Hawaii. Before ELY, HUFSTEDLER and WRIGHT, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 The Secretary of Labor appeals from the district court's summary judgment that Hawaiian Telephone Company (Hawtel) did not violate section 4 of the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 623 (1970), by its involuntary retirement of employees because of age. 2 On appeal, we view the record in the light most favorable to the Secretary, who opposed the motion for summary judgment. Hughes v. IBT Local 683, 554 F.2d 365, 367 (9th Cir. 1977). So viewed, it appears that Hawtel, between September 1972 and June 1973, retired…