Brennan v. McDonnell Douglas Corp., s. 74-1639
| Decision Date | 27 January 1975 |
| Docket Number | 74-1931,Nos. 74-1639,s. 74-1639 |
| Citation | 519 F.2d 718 |
| Parties | 14 Fair Empl.Prac.Cas. 1585, 9 Empl. Prac. Dec. P 10,200 Peter J. BRENNAN, Secretary of Labor, United States Department of Labor, Appellant, v. McDONNELL DOUGLAS CORPORATION, Appellee. Phillip W. HOUGHTON, Plaintiff, v. McDONNELL DOUGLAS CORPORATION, Defendant-Appellee, Peter J. Brennan, Secretary of Labor, United States Department of Labor, Applicant for Intervention-Appellant. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Jacob I. Karro, Atty., U. S. Dept. of Labor, Washington, D. C., for appellant Brennan in No. 74-1639.
Thomas C. Walsh, St. Louis, Mo., for appellee McDonnell Douglas Corp. in No. 74-1639.
William J. Kilberg, Sol. of Labor, Carin Clauss, Associate Sol., Sandra P. Bloom and Jacob I. Karro, Attys., U. S. Dept. of Labor, Washington, D. C., and Tedrick A. Housh, Regional Sol., filed appendix and brief for appellant Brennan in No. 74-1931. Appearances were filed in this Court by Donald J. Stohr, U. S. Atty., Joseph B. Moore, Asst. U. S. Atty., St. Louis, Mo., and Donald S. Shire, Deputy Associate Sol., U. S. Dept. of Labor, Washington, D. C.
Veryl L. Riddle and Thomas C. Walsh, St. Louis, Mo., filed appearances for McDonnell Douglas Corp. in No. 74-1931 but did not file brief.
Before GIBSON, Chief Judge, and HEANEY and ROSS, Circuit Judges.
This Court currently has before it two appeals by the Secretary of Labor in cases involving McDonnell Douglas Corporation. The appeals are linked, since a resolution of either in the Secretary's favor will moot the other.
Houghton v. McDonnell Douglas Corp., (the "private suit") involves a claim under the Age Discrimination in Employment Act, arising from McDonnell's termination of a 52-year-old test pilot. Houghton was removed from flight status on January 1, 1972. He advised the Secretary of his intent to sue McDonnell on June 26, 1972. The Secretary investigated the claim, and on September 12, 1972, advised Houghton that he was free to sue McDonnell. After Houghton was discharged on December 12, 1972, he filed a suit against McDonnell on January 9, 1973, alleging a violation of the Act, and seeking an injunction, reinstatement, back wages, liquidated damages, and attorney fees.
On March 12, 1974, the Secretary filed his suit (the "government suit") against McDonnell, alleging age discrimination against Houghton and other test pilot employees. He sought only prospective relief against the discriminatory practices. The Secretary sought consolidation of his suit with the private action. On July 1, 1974, Judge Wangelin denied the motion as untimely, but indicated that he would entertain a motion for intervention. On August 2, 1974, Judge Meredith dismissed the Secretary's action without opinion, apparently on the ground that it was duplicitous with the private suit, and ought to be pursued by means of intervention in the private suit. This order of dismissal is appealed in No. 74-1639.
After the dismissal of the government suit, the Secretary sought leave to intervene in the private suit. Judge Wangelin denied intervention on the ground that the Secretary's application was not "timely" within the meaning of Rule 24. The denial of that motion is the basis of the appeal in No. 74-1931.
In support of the District Court's dismissal of the...
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Goodman v. Heublein, Inc., 1046
...individuals in class action). Moreover, permitting intervention here will minimize piecemeal litigation. See Brennan v. McDonnell Douglas Corp., 519 F.2d 718, 720 (8th Cir. 1975), on remand sub nom. Houghton v. McDonnell Douglas Corp., 413 F.Supp. 1230 (E.D.Mo.1976), rev'd and remanded on o......
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Houghton v. McDonnell Douglas Corp.
...interlocutory order denying intervention by the Secretary of Labor. We reversed and authorized the intervention. Brennan v. McDonnell Douglas Corp., 519 F.2d 718 (8th Cir. 1975). Thereafter, the district court denied Houghton and the Secretary relief on the merits, holding that Houghton at ......
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E.E.O.C. v. Wackenhut Corp.
...in the ADEA, but argued that intervention is nonetheless permissible, citing the Eighth Circuit's decision in Brennan v. McDonnell Douglas Corp., 519 F.2d 718 (8th Cir.1975), cert. denied, 434 U.S. 966, 98 S.Ct. 506, 54 L.Ed.2d 451 (1977). In Brennan, the government sought to appeal both th......