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GALVIN v. STATE OF VERMONT

Civ. No. 83-460.

598 F.Supp. 144 (1984)

Michael S. GALVIN, of the Town of Castleton, County of Rutland, and State of Vermont v. STATE OF VERMONT, a Sovereign State of the United States of America and Vermont Department of Public Safety, a Statutorily created Agency of the State of Vermont.

United States District Court, D. Vermont.

November 9, 1984.

Attorney(s) appearing for the Case

Theodore A. Parisi, Jr., Parisi & Burke, Castleton, Vt., for plaintiff.

Brooke Pearson, Legal Counsel, State of Vt., Dept. of Public Safety, Waterbury, Vt., for defendant.

MEMORANDUM DECISION AND ORDER

BILLINGS, District Judge.

I. INTRODUCTION

Plaintiff was forced to retire as a member of the Vermont State Police because of his age. Plaintiff claims the State's mandatory retirement age of 55 for state police officers is not a bona fide occupational qualification (BFOQ) and, therefore, constitutes a violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 626(d). Plaintiff also claims that the...

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