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HAWKINS v. JAMES

Civ. A. No. 80-400-N.

525 F.Supp. 914 (1981)

Eulene HAWKINS, individually, and as representative of a class of employees of the State of Alabama who have reached the age of 70 and are forced to resign involuntarily because of their age, Plaintiff, v. Forrest Hood JAMES, as Governor of the State of Alabama; Gary Cooper, as Commissioner of the Alabama Department of Pensions and Securities; Annie Laurie Gunter, as Treasurer of the State of Alabama; George C. Dean, as Comptroller of the State of Alabama; Sid McDonald, as Finance Director of the State of Alabama; J. Stanley Frazer, Director, Personnel Department of the State of Alabama; Charles Graddick, as Attorney General of Alabama, Defendants.

United States District Court, M. D. Alabama, N. D.

January 14, 1981.

Attorney(s) appearing for the Case

Julian L. McPhillips, Jr., Montgomery, Ala., for plaintiff.

Thomas T. Gallion, III, Montgomery, Ala., for ACSW, amicus curiae.

Sarah M. Greenhaw, Clyde P. McLendon, Asst. Attys. Gen., State of Ala., Montgomery, Ala., for all defendants.

ORDER

HOBBS, District Judge.

This cause is now before the Court on defendants' motions to dismiss filed herein on October 27, 1980 and November 25, 1980. Upon consideration of said motions, briefs and arguments of counsel, the Court is of the opinion that the motions are due to be granted for the reasons set out below.

Plaintiff, age seventy-four, was employed by the State of Alabama, Department of Pensions and Security, from June 16, 1976 to September...

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