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MASSACHUSETTS BD. OF RETIREMENT v. MURGIA

No. 74-1044.

427 U.S. 307 (1976)

96 S.Ct. 2562

49 L.Ed.2d 520

MASSACHUSETTS BOARD OF RETIREMENT ET AL. v. MURGIA.

Supreme Court of United States.

Decided June 25, 1976.

Attorney(s) appearing for the Case

Terence P. O'Malley, Assistant Attorney General of Massachusetts, argued the cause for appellants. With him on the brief were Francis X. Bellotti, Attorney General, and S. Stephen Rosenfeld and Margot Botsford, Assistant Attorneys General.

Robert D. City argued the cause and filed a brief for appellee.*

PER CURIAM.

This case presents the question whether the provision of Mass. Gen. Laws Ann. c. 32, § 26 (3) (a) (1966), that a uniformed state police officer "shall be retired . . . upon his attaining age fifty," denies appellee police officer equal protection of the laws in violation of the Fourteenth Amendment.1

Appellee Robert Murgia was an officer in the Uniformed Branch of the...

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