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TALBOT v. PYKE

No. 75-1598.

533 F.2d 331 (1976)

Donald TALBOT, Plaintiff-Appellant, v. John S. PYKE, Individually and in his official capacity as President of the Board of Commissioners of the Cleveland Metropolitan Park District, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 15, 1976.

Attorney(s) appearing for the Case

Wilma A. Sevick, Douglas L. Rogers, Edward R. Stege, Jr., H. M. Cochran, Jr., Cleveland, Ohio, for plaintiff-appellant.

Walter C. Kelley, Kelley, McCann & Livingstone, Michael L. Gordon, Steven N. Bulloch, Cleveland, Ohio, for defendants-appellees.

Before PHILLIPS, Chief Judge, and CELEBREZZE and McCREE, Circuit Judges.

PHILLIPS, Chief Judge.

At age 77 Donald Talbot was retired as an employee of the Cleveland Metropolitan Park District, a political subdivision of the State of Ohio, established pursuant to Chapter 1545 of the Ohio Revised Code. He filed a complaint under 42 U.S.C. § 1983, charging that the Park District's policy of requiring retirement at age 70 deprives him of his constitutional rights. He contends that he was denied due process and equal protection of the law...

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