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NAGLE v. BOARD OF ED.

No. 6499.

629 P.2d 109 (1981)

Flora S. NAGLE for herself and on behalf of all others similarly situated, Plaintiffs-Appellants, and The Hawaii State Teachers Association, Plaintiff-Intervenor-Appellant, v. The BOARD OF EDUCATION and The Department of Education, State of Hawaii, Defendants-Appellees.

Supreme Court of Hawaii.

June 8, 1981.

Attorney(s) appearing for the Case

Thomas P. Gill and Sean Kim, Gill, Park & Park, Honolulu, for plaintiffs-appellants and plaintiff-intervenor-appellant.

Lawrence D. Kumabe, Deputy Atty. Gen., Dept. of the Atty. Gen., Honolulu, for defendants-appellees.

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

RICHARDSON, Chief Justice.

The primary issue on this appeal is whether HRS § 297-15 (1976) which mandates the retirement of public school teachers at age 65 violates the equal protection and due process clauses of the Hawaii Constitution, art. I, § 4 (as amended and renumbered art. I, § 5 (1978)).1 The First Circuit Court upheld the constitutionality of section 297-15 and granted...

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