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McGraw v. Warren County Oil Co.

United States Court of Appeals, Eighth Circuit
May 26, 1983
707 F.2d 990 (8th Cir. 1983)

Summary

holding that identical language in the ADEA refers to the period from January 1 through December 31 and not any 12 consecutive months

Summary of this case from E.E.O.C. v. St. Francis Xavier Parochial

Opinion

No. 82-2189.

Submitted May 16, 1983.

Decided May 26, 1983.

Thomas C. Farr, Peddicord, Simpson Sutphin, P.C., Des Moines, Iowa, for appellee.

Keith E. Uhl, Pamela D. Griebel, Scalise, Scism, Gentry, Brick Brick, Des Moines, Iowa, for appellants.

Appeal from the United States District Court for the Southern District of Iowa.

Before McMILLIAN, JOHN R. GIBSON and FAGG, Circuit Judges.


Verlyn McGraw and Mary E. McGraw appeal from the district court's 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 Honorable Harold D. Vietor, United States District Judge for the Southern District of Iowa.

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 Warren County Oil did not have the requisite number of employees for the statutory minimum period in the calendar year of 1979 or 1980. The district court rejected appellants' assertions that directors of the corporation were "employees," that part-time workers who did not work each day of the work week were "employees" for the entire week, and that "calendar year" was any period of twelve consecutive calendar months and not the period from January 1 through December 31.

After reviewing the record and the briefs and listening to oral argument, we conclude that the district court did not err in dismissing appellants' case. See Zimmerman v. North American Signal Co., 704 F.2d 347 (7th Cir. 1983) (directors of corporation are not employees and paid hourly workers are not employees on days not worked). Accordingly, we affirm on the basis of the district court's well-reasoned opinion. See 8th Cir.R. 14.


Summaries of

McGraw v. Warren County Oil Co.

United States Court of Appeals, Eighth Circuit
May 26, 1983
707 F.2d 990 (8th Cir. 1983)

holding that identical language in the ADEA refers to the period from January 1 through December 31 and not any 12 consecutive months

Summary of this case from E.E.O.C. v. St. Francis Xavier Parochial

affirming the district court's decision regarding the Age Discrimination in Employment Act and its rejection of the assertion "that `calendar year' was any period of twelve consecutive calendar months and not the period from January 1 through December 31"

Summary of this case from Draper v. Wellmark, Inc.

rejecting notion that directors of the corporation were employees

Summary of this case from Croft v. Inlight Risk Management, Inc.

involving ADEA and affirmed "on the basis of the district court's well-reasoned opinion"

Summary of this case from Devine v. Stone Leyton

In McGraw, this court ruled that part-time workers who did not work each day of the work week were not "employees" for that week.

Summary of this case from Equal Employment Opportunity Commission v. Garden & Associates, Ltd.

In McGraw v. Warren County Oil Co., 707 F.2d 990 (8th Cir. 1983), the Eighth Circuit rejected, in an age discrimination case, the assertion that a "`calendar year' was any period of twelve consecutive calendar months and not the period from January 1 through December 31."

Summary of this case from Carroll v. Village of Shelton, Nebraska
Case details for

McGraw v. Warren County Oil Co.

Case Details

Full title:VERLYN McGRAW AND MARY E. McGRAW, APPELLANTS, v. WARREN COUNTY OIL…

Court:United States Court of Appeals, Eighth Circuit

Date published: May 26, 1983

Citations

707 F.2d 990 (8th Cir. 1983)

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