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E.E.O.C. v. COM. OF MASS.

No. 95-2092.

77 F.3d 572 (1996)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, Appellee, v. COMMONWEALTH OF MASSACHUSETTS, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided March 11, 1996.

Attorney(s) appearing for the Case

Pierce O'Cray, Assistant Attorney General, Government Bureau, with whom Scott Harshbarger, Attorney General, Boston, MA, was on briefs for appellants.

Samuel A. Marcosson, Uniondale, NY, with whom C. Gregory Stewart, General Counsel, Gwendolyn Young Reams, Associate General Counsel, and Vincent J. Blackwood, Assistant General Counsel, Washington, DC, were on brief for appellee.

Before SELYA, CYR and BOUDIN, Circuit Judges.

PER CURIAM.

Chapter 32 of the Massachusetts General Laws establishes the Commonwealth's statutory retirement benefit plan for its state and local employees. Section 3(2)(f) of that chapter provides that "[n]o person who enters or who re-enters the service of any governmental unit as an employee after attaining age sixty-five, and after the date when a system becomes operative therein, shall become a member except as otherwise provided for in this section." This provision...

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