William C. SEXTON, Plaintiff-Appellant, v. BEATRICE FOODS CO., Defendant-Appellee

CUDAHY, Circuit Judge.

This is an appeal by plaintiff William C. Sexton from a judgment granting the motion of defendant Beatrice Foods Company (“Beatrice”) for partial summary judgment *479and dismissing his claim that the termination of his employment by Beatrice violated the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq. (1976 & Supp. II 1978). In early 1977, Beatrice terminated Sexton, who was then 59 years old. The normal retirement age under Beatrice’s retirement plan is 65 and the plan does not expressly provide that Beatrice may involuntarily retire an…