21 Fair empl.prac.cas. 252, 21 Empl. Prac. Dec. P 30,359 David R. Martin v. Carl M. Tamaki, General Manager of the Department of Water and Power for Thecity of Los Angeles, Robert v. Phillips, General Manager of the Department Ofwater and Power for the City of Los Angeles, Burton Gindler, Herbert Ward, Michael Glazer, George Kennedy, Patricia Nagle, William T. King, Jack L. Maloney, and Does I to V, Members of the Board of Department of Water and Power Commissioners of the Department of Water and Power of the City of Los Angeles

607 F.2d 307 21 Fair Empl.Prac.Cas. 252 , 21 Empl. Prac. Dec. P 30,359 David R. MARTIN, Plaintiff-Appellant, v. Carl M. TAMAKI, General Manager of the Department of Water and Power for theCity of Los Angeles, Robert V. Phillips, General Manager of the Department ofWater and Power for the City of Los Angeles, Burton Gindler, Herbert Ward, Michael Glazer, George Kennedy, Patricia Nagle, William T. King, Jack L. Maloney, and Does I to V, Members of the Board of Department of Water and Power Commissioners of the Department of Water and Power of the City of Los Angeles, Defendants-Appellees. No. 76-3744. United States Court of Appeals, Ninth Circuit. Oct. 29, 1979. Clifford B. Scherer, Scherer & Lazarus, Encino, Cal., for plaintiff-appellant. Burt Pines and David J. Oliphant, Water & Power, Los Angeles, Cal., for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before CHAMBERS and TANG, Circuit Judges, and TURRENTINE, * District Judge. TANG, Circuit Judge: 1 At age 65, David Martin was retired as an employee of the Los Angeles Department of Water and Power ("DWP"). He filed an action under 42 U.S.C. § 1983 charging…