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MALMED v. THORNBURGH

Civ. A. No. 78-1418.

478 F.Supp. 998 (1979)

Edwin S. MALMED, Stanley L. Kubacki, Gregory G. Lagakos, Joseph T. Murphy, and James L. Stern, Plaintiffs, v. Richard L. THORNBURGH, Individually and as Governor of Pennsylvania, Ethel D. Allen, Individually and as Secretary of the Commonwealth of Pennsylvania, Robert E. Casey, Individually and as Treasurer of the Commonwealth of Pennsylvania, and Alexander F. Barbieri, Individually and as Pennsylvania State Court Administrator, Defendants.

United States District Court, E. D. Pennsylvania.

September 21, 1979.

Attorney(s) appearing for the Case

Stephen M. Feldman, Philadelphia, Pa., for plaintiffs.

Joseph K. Hegedus, Deputy Atty. Gen., Harrisburg, Pa., for Thornburgh, Allen and Casey.

Jonathan Vipond, III, Philadelphia, Pa., for Barbieri.

ADJUDICATION

DITTER, District Judge.

Plaintiffs in this case are five judges of the Court of Common Pleas of the First Judicial District of Pennsylvania, which consists of the County of Philadelphia. They brought this action to challenge the Pennsylvania Constitution's requirement that all state court justices, judges, and justices of the peace retire at age 70. The complaint charges that this provision violates the plaintiffs' rights to both due process...

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