GAULT v. GARRISON

No. 74-1579.

569 F.2d 993 (1977)

Julia GAULT, Individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. James E. GARRISON, President, Board of Education, School District 215, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

December 20, 1977.


Attorney(s) appearing for the Case

Howard Eglit, Chicago, Ill., for plaintiff-appellant.

Stephen L. Solomon, Jonathan A. Weiss, New York City, for amicus curiae.

Edward A. Antonietti, Darryl R. Lem, Calumet City, Ill., for defendants-appellees.

Before BARNES, Senior Circuit Judge, SWYGERT and PELL, Circuit Judges.


SWYGERT, Circuit Judge.

Julia Gault, on behalf of herself and others similarly situated, filed suit under 42 U.S.C. § 1983 challenging the constitutionality of governmental mandatory retirement requirements. Plaintiff contends that defendant school board's policy of forced retirement is unconstitutional as violative of both equal protection (by discriminating against plaintiff on the basis of age) and due process (by creating an irrebuttable presumption and by...

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