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DAOANG v. DEPARTMENT OF ED.

No. 6606.

630 P.2d 629 (1981)

Gelacio N. DAOANG, Plaintiff-Appellant, v. DEPARTMENT OF EDUCATION, State of Hawaii, Defendant-Appellee.

Supreme Court of Hawaii.

July 7, 1981.

Attorney(s) appearing for the Case

Paul A. Tomar, Legal Aid Society of Hawaii, Honolulu (Stanley E. Levin, Legal Aid Society of Hawaii, Honolulu, on brief), for plaintiff-appellant.

Lawrence D. Kumabe, Deputy Atty. Gen., Honolulu, for defendant-appellee.

Before RICHARDSON, C.J., and OGATA, MENOR, LUM and NAKAMURA, JJ.

RICHARDSON, Chief Justice.

The issue presented on this appeal is whether HRS § 78-3 (1976)1 WHICH MANDATES THE RETIREMENT OF ALL PUBLIC EMPLOYEES at age 70 violates the equal protection and due process clauses of the Hawaii Constitution, Article I, section 4 (as amended and renumbered Article I, section 5 (1978)). The trial court affirmed the constitutionality of section 78-3, granting defendant-appellee's motion for summary judgment...

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