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McILVAINE v. PA. STATE POLICE

454 Pa. 129 (1973)

McIlvaine, Appellant, v. Pennsylvania State Police.

Supreme Court of Pennsylvania.

October 3, 1973.

Attorney(s) appearing for the Case

Boyd H. Walker, for appellant.

J. Andrew Smyser, Deputy Attorney General, with him Israel Packel, Attorney General, for appellee.

Sanford Kahn, for Pennsylvania Human Relations Commission, amicus curiae.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY and NIX, JJ.

OPINION BY MR. JUSTICE POMEROY, October 3, 1973:

In July, 1970, appellant Joseph McIlvaine, having reached the age of sixty, was involuntarily retired from the Pennsylvania State Police after some 37 years of service. In all respects other than his chronological age, appellant was admittedly suitable for continued employment. His dismissal was by the Commissioner of Police, acting pursuant to Section 205 of the Administrative

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