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FREUND v. FLORIO

Civ. A. No. 91-875.

795 F.Supp. 702 (1992)

Anna FREUND, Ruth Arnold, Alice Laughlin, Joseph Pikus, Kathryn A. Smith, Kenneth Benson, Evelyn Borgen, Donald Mintz, Meyer Schreiber, Albert C. Shaw, H. Williard Stern, Lilyan B. Wright, Robert W. Harper, Plaintiffs, v. James J. FLORIO, Edward D. Goldberg, Herman James, William Maxwell, Elsa Gomez, Irvin Reid, Robert A. Scott, Vera King Farris, George Pruitt, Harld W. Eickhoff, Arnold Speert, Defendants.

United States District Court, D. New Jersey.

June 3, 1992.

Attorney(s) appearing for the Case

Paul J. Burns, Dwyer & Canellis, P.A., Westfield, N.J., for plaintiff.

Grey J. Dimenna, Deputy Atty. Gen., Office of the Atty. Gen. of New Jersey, Trenton, N.J., for defendants.

OPINION

SAROKIN, District Judge.

This action challenges the constitutionality of a statute which permits mandatory retirement of tenured faculty in state institutions at age 70. For the reasons hereinafter expressed, such legislation must be sustained if there is a rational basis for its enactment. However, many of the reasons proffered to justify such mandatory retirement would appear to support any act of age discrimination. Making way for the young, planning...

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