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MALMED v. THORNBURGH

No. 79-2467.

621 F.2d 565 (1980)

MALMED, Edwin S., Kubacki, Stanley L., Lagakos, Gregory G., Murphy, Joseph T., Stern, James L. v. THORNBURGH, Richard L., Individually and as Governor of Pennsylvania, Allen, Ethel D., Individually and as Secretary of the Commonwealth of Pennsylvania, Casey, Robert E., Individually and as Treasurer of the Commonwealth of Pennsylvania, and Barbieri, Alexander F., Individually and as Pennsylvania State Court Administrator, Appellants.

United States Court of Appeals, Third Circuit.

Decided May 13, 1980.

Attorney(s) appearing for the Case

Joseph Kenneth Hegedus, Deputy Atty. Gen., Allen C. Warshaw, Deputy Atty. Gen., Chief, Civ. Litigation, Edward G. Biester, Jr., Atty. Gen., Dept. of Justice, Commonwealth of Pennsylvania, Harrisburg, Pa., for appellants Thornburgh, Allen, and Casey.

Kathleen M. Quinn, Staff Atty., Administrative Office of Pennsylvania Courts, Philadelphia, Pa., for appellant Barbieri.

Stephen M. Feldman, Feldman & Feldman, Philadelphia, Pa., for appellees.

Before ALDISERT, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal by four Pennsylvania officials requires us to decide if Article V, § 16(b) of the Pennsylvania Constitution, which requires retirement of state judges at age seventy, violates the equal protection and due process clauses of the fourteenth amendment. The district court held that it does and enjoined the appellants from enforcing the provision and its enabling statutes. Because we conclude that...

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