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WERLEIN v. CALVERT

Nos. B-2292, B-2348.

460 S.W.2d 398 (1970)

Ewing WERLEIN, Relator, v. Robert S. CALVERT, Comptroller of Public Accounts, Respondent. John A. JAMES, Jr., Relator, v. Robert S. CALVERT, Comptroller of Public Accounts, Respondent.

Supreme Court of Texas.

Rehearing Denied December 31, 1970.

Attorney(s) appearing for the Case

Strasburger, Price, Kelton, Martin & Unis, Royal H. Brin, Jr., Dallas, Brown, Kronzer, Abraham, Watkins & Steely, W. James Kronzer, Houston, Graves, Dougherty, Gee, Hearon, Moody & Garwood, Thomas G. Gee, Austin, Robert M. Mahanay, William R. Anderson, Jr., Cleburne, for relators.

Crawford Martin, Atty. Gen., Kerns Taylor and W. E. Allen, Asst. Attys. Gen., Austin, for respondent.

WALKER, Justice.

These are original mandamus proceedings. On the principal questions presented for decision, we hold that Art. V, Sec. 1-a, of the Texas Constitution, Vernon's Ann.St. does not render a retired judge who is at least 75 years of age ineligible for assignment to active duty or ineligible to serve as presiding judge of an administrative judicial district. The constitutional and statutory background will be reviewed before stating the facts.

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