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UNIVERSITY OF SOUTH CAROLINA v. BATSON

20743

271 S.C. 242 (1978)

246 S.E.2d 882

The UNIVERSITY OF SOUTH CAROLINA, Plaintiff, v. Wade T. BATSON and Paul Blackstock, Defendants.

Supreme Court of South Carolina.

August 15, 1978.

Attorney(s) appearing for the Case

Phillip M. Grier and Timothy G. Quinn, Columbia, for plaintiff; Atty. Gen. Daniel R. McLeod, Deputy Atty. Gen. C. Tolbert Goolsby, Jr., and Asst. Atty. Gen. Kenneth P. Woodington, Columbia, of counsel.

Lucy M. Knowles, Victoria L. Eslinger and Mark L. Archer, Columbia, for defendants.

Clayton N. Gompf, Jr., Columbia, Deputy Commissioner/Gen. Counsel, State Human Affairs Commission, amicus curiae.

August 15, 1978.

LEWIS, Chief Justice.

This action involves the validity of a retirement policy established and enforced by the University of South Carolina, which mandates that teaching faculty retire at the age of sixty-five (65) years. The defendants are tenured professors at the University and challenge their mandatory retirement at age sixty-five (65) upon the ground that Section 9-1-1530 of the 1976 Code of Laws establishes a mandatory retirement age...

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