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HERZIG v. BOARD OF EDUCATION

152 Conn. 144 (1964)

FEED J. HERZIG v. BOARD OF EDUCATION OF THE TOWN OF WEST HARTFORD ET AL. MARY E. O'CONNOR ET AL. v. BOARD OF EDUCATION OF THE CITY OF NEW HAVEN ET AL.

Supreme Court of Connecticut.

Decided November 10, 1964.

Attorney(s) appearing for the Case

Frederick U. Conard, Jr., with whom was Charles B. Milliken, for the appellants (defendants) in the first case, and Milton P. DeVane, with whom was Richard K. Snyder, for the defendants in the second case.

Joseph F. Skelley, Jr., with whom, on the brief, was Harry Tulin, for the appellee (plaintiff) in the first case, and William L. Hadden, with whom, on the brief, was William L. Hadden, Jr., for the plaintiffs in the second case.

J. Read Murphy filed a brief as amicus curiae in the first case but did not argue the cause.

KING, C. J., MURPHY, ALCORN, COMLEY and SHANNON, JS.

ALCORN, J.

These two cases were argued together and are considered together because of the identical nature of the issue involved in each case. The question is whether a local board of education may require a teacher in the public schools to retire for the sole reason that he has reached a retirement age established by the local board of education which is less than the retirement age of seventy years fixed by § 10-166 of the General Statutes. In the Herzig case...

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