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MURGIA v. COMMONWEALTH OF MASSACHUSETTS BD. OF RETIRE.

Civ. A. No. 72-2083-T.

376 F.Supp. 753 (1974)

Robert D. MURGIA, Plaintiff, v. COMMONWEALTH OF MASSACHUSETTS BOARD OF RETIREMENT et al., Defendants.

United States District Court, D. Massachusetts.

May 31, 1974.

Attorney(s) appearing for the Case

Robert L. Wise, Wise & Wise, William F. Looney, Jr., Moulton, Looney, Mazzone, Falk & Markham, Robert D. City, Boston, Mass., for plaintiff.

Terence P. O'Malley, Robert Quinn, Atty. Gen. of Mass., Walter H. Mayo III, Asst. Atty. Gen., Boston, Mass., for defendants.

Before ALDRICH, Senior Circuit Judge, FREEDMAN and TAURO, District Judges.

OPINION

ALDRICH, Senior Circuit Judge.

Plaintiff, Robert D. Murgia, brings this three-judge district court action to declare unconstitutional, and to obtain injunctive relief against the enforcement of, Mass.G.L. c. 32 § 26(3). Pursuant to that statute plaintiff, a Lt. Colonel in the Uniformed Branch of the Massachusetts State Police, was involuntarily retired because, having completed over 20 years of service, he had reached age 50. He alleges that...

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