50 Fair empl.prac.cas. 7, 33 Empl. Prac. Dec. P 34,000 Owen R. Helm, Jr. v. State of California, California National Guard, Department of the Army of the United States of America, the United States of America

722 F.2d 507 50 Fair Empl.Prac.Cas. 7 , 33 Empl. Prac. Dec. P 34,000 Owen R. HELM, Jr., Plaintiff-Appellant, v. STATE OF CALIFORNIA, California National Guard, Department of the Army of the United States of America, the United States of America, Defendants-Appellees. No. 82-4613. United States Court of Appeals, Ninth Circuit. Submitted Dec. 14, 1983. Decided Dec. 20, 1983. Charles E. Karpinski, Bishop, Cal., for plaintiff-appellant. Major Joyce E. Peters, Washington, D.C., James E. White, Asst. U.S. Atty., Fresno, Cal., Talmadge R. Jones, Sacramento, Cal., for defendants-appellees. Appeal from the United States District Court for the Eastern District of California. Before WRIGHT, CHOY, and POOLE, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 Major Helm, a retired Army National Guard officer, has appealed from a summary judgment of dismissal of defendants Department of the Army and the United States. The State of California and the California National Guard are not parties to this appeal but have stipulated that they will be bound by any judgment with respect to the federal defendants. 2 The underlying action asserted a violation of the Age Discrimination in Employment Act…