Verlyn McGRAW and Mary E. McGraw, Appellants, v. WARREN COUNTY OIL COMPANY, Appellee

Verlyn McGraw and Mary E. McGraw appeal from the district court’s 1 dismissal of their action brought pursuant to the Age Discrimination in Employment Act (the Act), 29 U.S.C. §§ 621-634. The district court held that Warren County Oil Company was not an “employer” within the meaning of the Act. We affirm.

The Act provides in part that “[t]he term ‘employer’ means a person engaged in an industry affecting commerce who has twenty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year.” Id. § 630(b). The district court found that…