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MAHONEY v. TRABUCCO

No. 83-1862.

738 F.2d 35 (1984)

Charles P. MAHONEY, Plaintiff, Appellee, v. Frank J. TRABUCCO, Commissioner, Massachusetts Department of Public Safety, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided July 2, 1984.

Attorney(s) appearing for the Case

H. Reed Witherby, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Thomas A. Barnico, Asst. Atty. Gen., Boston, Mass., Government Bureau, were on brief, for defendants, appellants.

E. David Wanger, Elizabeth K. Boyer and Angoff, Goldman, Manning, Pyle, Wanger & Hiatt, P.C., Boston, Mass., on brief for State Police Ass'n of Mass., amicus curiae.

Wayne B. Hollingsworth, Boston, Mass., with whom Theresa A. Kelly and Hollingsworth & Associates, Boston, Mass., were on brief, for plaintiff, appellee.

Before COFFIN and BOWNES, Circuit Judges, and GIERBOLINI, District Judge.

COFFIN, Circuit Judge.

Defendants-appellants, Frank J. Trabucco, Commissioner, Massachusetts Department of Public Safety, and the Massachusetts State Board of Retirement, appeal a judgment finding that the Commonwealth violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634, by mandatorily retiring plaintiff-appellee, Massachusetts State Police Sergeant Charles P. Mahoney, at age 50 pursuant to Mass.Gen.Laws ch. 32, § 26(3)(a...

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