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ARRITT v. GRISELL

No. 76-2358.

567 F.2d 1267 (1977)

James C. ARRITT, Appellant, v. Elwood G. GRISELL, Robert W. Munn, James T. Campbell, as Members of the Police Civil Service Commission of the City of Moundsville, West Virginia, and the City of Moundsville, West Virginia, a Municipal Corporation, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 28, 1977.

Attorney(s) appearing for the Case

Patrick S. Cassidy, Wheeling, W.Va. (O'Brien & Cassidy, Wheeling, W.Va., on brief), for appellant.

Thomas E. White, Moundsville, W.Va. (White & White, Moundsville, W.Va., on brief), for appellees,

Carin Ann Clauss, Sol. of Labor, Carl W. Gerig, Jr., Acting Associate Sol., Lois G. Williams and Peter B. Dolan, Attys., U.S. Dept. of Labor, Washington, D.C., on brief), as amicus curiae.

Before BRYAN, Senior Circuit Judge, and WINTER, Circuit Judge, and THOMSEN, Senior District Judge.

THOMSEN, Senior District Judge:

Appellant (plaintiff) applied for employment as a police officer in Moundsville, West Virginia. His application was denied by the City's Police Civil Service Commission on the sole ground that he was 40 years of age and therefore ineligible to take the required physical and mental examinations by reason of West Virginia Code (Michie 1976 Repl.Vol.) § 8-14-12, which establishes an 18-to-35-year age limit for applicants for original...

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