Legal Opinion

Charles G. Criswell Eugene R. Black v. Delta Air Lines, Inc.

Court of Appeals for the Ninth Circuit

Decided March 6, 1989No. 87-5771PublishedCited by 36 opinions

1Opinion of the Court

INTRODUCTION

CANBY, Circuit Judge:

This action had its genesis more than ten years ago when pilot Charles Criswell, and two other plaintiffs, were forced to retire at age 60 by Western Air Lines (“Western”). A jury found that Western had violated the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-34, when it (1) refused to allow DC-10 captains nearing the age of sixty to down-bid to the position of second officers (flight engineers), and (2) imposed a mandatory retirement age of sixty on second officers as a matter of company policy. Criswell v. Western Air Lines, Inc., 614 F.Supp. 384…

2Cases cited7 opinions

  1. John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
  2. Howard Johnson Co. v. Detroit Local Joint Executive BoardSupreme Court of the United States · 1974
  3. Western Air Lines, Inc. v. CriswellSupreme Court of the United States · 1985
  4. Maswamba Musikiwamba v. Essi, Inc. And Shalabh KumarCourt of Appeals for the Seventh Circuit · 1985
  5. Slack v. HavensCourt of Appeals for the Ninth Circuit · 1975

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3Cited by36 opinions

  1. Rojas v. TK Communications, Inc.Court of Appeals for the Fifth Circuit · 1996
  2. Sullivan v. Dollar Tree Stores, Inc.Court of Appeals for the Ninth Circuit · 2010
  3. Michael Rego, in No. 98-1386 v. Arc Water Treatment Company of Pa., A/K/A Arc Water Treatment Company, A/K/A Arc Company Arc Water Treatment Company of Maryland, Inc. Michael Rego v. Arc Water Treatment Company of Pa., A/K/A Arc Water Treatment Company, A/K/A Arc Company Arc Water Treatment Company of Maryland, Inc. Arc Water Treatment Company of Maryland, Inc., in No. 98-1616Court of Appeals for the Third Circuit · 1999
  4. Resilient Floor Covering Pension Trust Fund Board of Trustees v. Michael's Floor Covering, Inc.Court of Appeals for the Ninth Circuit · 2015
  5. Baker v. Delta Air Lines, Inc.Court of Appeals for the Ninth Circuit · 1993

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