Court of Appeals for the Tenth Circuit February 1, 1979, No. 77-1210 (74-C-474-B) (Marshall v. Sun Oil Co. of Pennsylvania)

LEWIS, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the Northern District of Oklahoma dismissing a complaint brought by the Secretary of Labor against defendant under the Age Discrimination in Employment Act of 1967 (29 U.S.C. § 621 et seq.). Plaintiff has raised two issues in this appeal:

1.