43 Fair empl.prac.cas. 528, 42 Empl. Prac. Dec. P 36,936 Luther C. Cotton v. The City of Alameda, a California State Municipality, Alameda Police Department, Robert M. Shiells, an Individual, Does I Through X, Inclusive

812 F.2d 1245 43 Fair Empl.Prac.Cas. 528 , 42 Empl. Prac. Dec. P 36,936 Luther C. COTTON, Plaintiff-Appellant, v. The CITY OF ALAMEDA, a California State Municipality, Alameda Police Department, Robert M. Shiells, an individual, Does I through X, inclusive, Defendants-Appellees. No. 85-2812. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 9, 1986. Decided March 19, 1987. Raul V. Aguilar, San Francisco, Cal., for plaintiff-appellant. Carter J. Stroud, Alameda, Cal., for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before WALLACE, POOLE and WIGGINS, Circuit Judges. WALLACE, Circuit Judge: 1 Cotton appeals the district court's order granting summary judgment in favor of the City of Alameda, its police department, and its chief of police (Alameda) on Cotton's age discrimination claim brought pursuant to the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. Secs. 621-634 . The district court concluded that Alameda produced evidence that it had legitimate, nondiscriminatory reasons for not hiring Cotton, and that Cotton had failed to produce evidence that these reasons were a pretext for…