BRECK v. STATE OF MICH.

No. 99-1628.

203 F.3d 392 (2000)

Hon. David F. BRECK; Hon. William Lucas; Hon. Clayton E. Preisel; Hon. Michael Schwartz; Hon. George E. Montgomery, Plaintiffs-Appellants, v. STATE OF MICHIGAN; Michigan Department of State; Michigan Bureau of Elections; Candice Miller, Secretary of State, Chief Elections Officer; Marlene M. Bruns, Clerk for the County of Lapeer, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 10, 2000.


Attorney(s) appearing for the Case

Mayer B. Morganroth (briefed), Jeffrey B. Morganroth, Morganroth & Morganroth, Southfield, MI, Michael J. Lebow (argued and briefed), Lebow & Tobin, Farmington Hills, Michigan, for Appellants.

Gary P. Gordon, Asst. Attorney General, Office of the Attorney General, Habeas Corpus Division, Katherine C. Galvin (argued), Office of the Attorney General, Piblic Employment and Elections Division, Lansing, MI, Marcelyn A. Stepanski (briefed), S. Randall Field (argued), Johnson, Rosati, LaBarge, Aseltyne & Field, Farmington Hills, Michigan, for Appellees.

Paul W. Cousino (briefed), Mt. Clemens, Michigan, for Amicus Curiae.

Before: NELSON, SUHRHEINRICH, and GILMAN, Circuit Judges.


OPINION

SUHRHEINRICH, Circuit Judge.

Plaintiffs, five Michigan state judges, appeal a summary judgment for Defendants, State of Michigan and various state agents, on Plaintiffs' federal equal protection challenge to state laws that render them ineligible for re-election because of their age.

I. BACKGROUND

Plaintiffs-Appellants are several State of Michigan circuit and probate judges contemplating re-election who will be seventy years old...

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