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WERNICK v. MATTHEWS

No. 75-2144. Summary Calendar.

524 F.2d 543 (1975)

Nathan WERNICK, Plaintiff-Appellant, v. F. David MATTHEWS, Secretary, Health, Education and Welfare, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 31, 1975.

Attorney(s) appearing for the Case

Stephen Cahen, A.C.L.U., Denise D. Schwartzman, Miami, Fla., for plaintiff-appellant.

Jonathan A. Weiss, New York City, for Legal Services for Elderly Poor, amicus curiae.

Robert W. Rust, U. S. Atty., Miami, Fla., Earl Sanders, Trial Atty., Office of Gen. Counsel, Civ. Service Comm., Heidi A Dellafera, Staff Atty., Office of Gen. Counsel, Dept. of H.E.W., Leonard Schaitman, Frederic D. Cohen, Appellate Section, Civ. Division, Dept. of Justice, Washington, D. C., for defendants-appellees.

Before GEWIN, GOLDBERG and RONEY, Circuit Judges.

GEWIN, Circuit Judge:

This is an appeal from an order of a three-judge court dismissing appellant's complaint for failure to raise a substantial federal question. Appellant Wernick is a seventy year old Administrative Law Judge. He brought this action in the district court for declaratory and injunctive relief attacking as unconstitutional the Federal Employees' Mandatory Retirement Law, 5 U.S.C. § 8335, which provides for the automatic retirement of all federal...

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