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GREGORY v. ASHCROFT

No. 89-2360.

898 F.2d 598 (1990)

Honorable Ellis GREGORY, Jr.; Honorable Anthony P. Nugent, Jr.; Honorable Douglas W. Greene and Honorable Flake L. McHaney, Appellants, v. Honorable John D. ASHCROFT, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 5, 1990.

Attorney(s) appearing for the Case

Jim J. Shoemake, St. Louis, Mo., Samuel Marcosson, amicus curiae, Washington, D.C., for appellants.

Michael L. Boicourt, Jefferson City, Mo., for appellee.

Before BOWMAN and BEAM, Circuit Judges, and ROSS, Senior Circuit Judge.

BOWMAN, Circuit Judge.

Four Missouri state court judges challenge the provision of the Missouri Constitution that mandates their retirement at age 70. Mo. Const. art. V, § 26(1) (1945 as amended 1976) ("mandatory retirement provision"). Judges Ellis Gregory, Jr., Anthony P. Nugent, Jr., and Douglas W. Greene, argue that the mandatory retirement provision violates the federal Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-634 (1982 ...

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