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APKIN v. TREASURER & RECEIVER GENERAL

401 Mass. 427 (1988)

517 N.E.2d 141

BENJAMIN APKIN vs. TREASURER AND RECEIVER GENERAL & Others.

Supreme Judicial Court of Massachusetts, Suffolk.

January 6, 1988.

Attorney(s) appearing for the Case

John P. Slattery for the plaintiff.

H. Reed Witherby, Assistant Attorney General, for the defendants.

Charles Shanor of the District of Columbia and Robert L. Williams, James L. Lee & Cheryl Kramer of New York, for United States Equal Employment Opportunity Commission, amicus curiae, submitted a brief.

Present: WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.

WILKINS, J.

We deal with a provision of the Constitution of the Commonwealth which requires all Massachusetts judges to retire at the age of seventy and the contention of the plaintiff judge that a 1986 amendment to the Federal Age Discrimination in Employment Act (FADEA) overrides that requirement and bars the defendants from retiring him at the age of seventy.

The Honorable Benjamin Apkin has served as a judge...

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