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WEISBROD v. LYNN

No. 73-1146.

494 F.2d 1101 (1974)

Martin O. WEISBROD, Appellant, v. James T. LYNN, Secretary of the Department of Housing and Urban Development, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 11, 1974.

Attorney(s) appearing for the Case

Milton V. Freeman, Washington, D. C., with whom James A. Dobkin, G. Philip Nowak and Steven P. Lockman, Washington, D. C., were on the brief, for appellant.

Edwin E. Huddleson, III, Atty., Dept. of Justice, for appellee. Harold H. Titus, Jr., U. S. Atty. at the time the brief was filed, Robert E. Kopp and Joseph B. Scott, Attys., Dept. of Justice, were on the brief for appellee.

Before McGOWAN, ROBINSON and ROBB, Circuit Judges.

PER CURIAM:

Appellant, a long time federal employee who was mandatorily retired at age 70 under the requirements of 5 U.S. C. § 8335, brought suit in the District Court seeking to enjoin the enforcement of that statute on the ground of its alleged unconstitutionality. He moved the District Court to convene a three-judge court under 28 U.S.C. §§ 2281 and 2284. The District Court denied that motion (and simultaneously dismissed the complaint) because...

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