Joseph W. Fair and Jane Doe Fair, Husband and Wife v. Washington Water Power Company, a Washington Corporation

981 F.2d 1258 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joseph W. FAIR and Jane Doe Fair, husband and wife, Plaintiffs-Appellants, v. WASHINGTON WATER POWER COMPANY, a Washington corporation, Defendant-Appellee. No. 90-35370. United States Court of Appeals, Ninth Circuit. Submitted Dec. 21, 1992. * Decided Dec. 28, 1992. Before TANG, NOONAN and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Joseph W. Fair appeals pro se the district court's grant of summary judgment in favor of defendant Washington Water Power Company (WWP) on Fair's claim under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-34 . Fair contends that WWP's early retirement option plan (ERO) was a subterfuge to force older workers to leave their jobs. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo a grant of summary judgment. Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416 , 1421 (9th Cir.1989), cert. denied, 496 U.S. 937…