FABIO v. CITY OF ST. PAUL

No. 39,020.

267 Minn. 273 (1964)

126 N.W. (2d) 259

DOMINICK FABIO v. CITY OF ST. PAUL AND OTHERS.

Supreme Court of Minnesota.

February 7, 1964.


Attorney(s) appearing for the Case

Irving Gotlieb, for appellant.

Donald L. Lais, Corporation Counsel, and Robert E. O'Connell, Special Assistant Corporation Counsel, for respondents.


OTIS, JUSTICE.

Plaintiff, Dominick Fabio, seeks a declaratory judgment enjoining the city of St. Paul and its officials from requiring him to retire from the police department at the age of 65, and declaring Minn. St. 423.075 unconstitutional as applied to the administrative practices followed by defendants. This appeal is taken by plaintiff from a summary judgment entered by the district court in favor of the defendants.

The plaintiff began his employment...

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