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MAHONEY v. TRABUCCO

Civ. A. No. 83-2681-MA.

574 F.Supp. 955 (1983)

Charles P. MAHONEY, Plaintiff, v. Frank J. TRABUCCO, Commissioner, Massachusetts Department of Public Safety, Defendant, and Massachusetts State Board of Retirement, Intervenor-Defendant.

United States District Court, D. Massachusetts.

November 10, 1983.

Attorney(s) appearing for the Case

Wayne B. Hollingsworth, and David M. Banash, Boston, Mass., for plaintiff.

H. Reed Witherby, E. Michael Sloman, Thomas A. Barnico, Asst. Atty. Gen., Boston, Mass., for defendant.

OPINION

MAZZONE, District Judge.

This action is brought under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. Massachusetts State Police Sergeant Charles P. Mahoney challenges the Massachusetts statute that requires all members of the uniformed branch of the State Police to retire at age 50. The plaintiff turned 50 on September 15, 1983, and would have been retired by the state on the last day of September but for an...

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