25 Fair empl.prac.cas. 334, 25 Empl. Prac. Dec. P 31,542, 2 Employee Benefits Ca 1113 Equal Employment Opportunity Commission v. Shell Oil Company, a Corporation

637 F.2d 683 25 Fair Empl.Prac.Cas. 334 , 25 Empl. Prac. Dec. P 31,542 , 2 Employee Benefits Ca 1113 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. SHELL OIL COMPANY, a corporation, Defendant-Appellee. CA No. 79-4053. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 13, 1980. Decided Jan. 23, 1981. David A. Grant, Dept. of Labor, Washington, D. C., on brief; Joseph M. Woodward, Dept. of Labor, Washington, D. C., for plaintiff-appellant. David M. Heilbron, McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for defendant-appellee. Appeal from the United States District Court for the Northern District of California. Before BROWNING, PECK * , and FARRIS, Circuit Judges. PER CURIAM: 1 The Secretary of Labor appeals the district court's order granting Shell's motion for summary judgment. The action was instituted by the Secretary against Shell for Shell's alleged improper retiring of thirteen employees in 1972-1973. We affirm. FACTS 2 The Secretary alleged that Shell violated section 4(a)(1) of the Age Discrimination in Employment Act (ADEA) of 1967, 29 U.S.C. § 623 (a)(1) (1976), by discharging 13 employees solely on the basis of…