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GREGORY v. ASHCROFT

No. 90-50.

501 U.S. 452 (1991)

111 S.Ct. 2395

115 L.Ed.2d 410

GREGORY ET AL., JUDGES v. ASHCROFT, GOVERNOR OF MISSOURI

Supreme Court of United States.

Decided June 20, 1991.

Attorney(s) appearing for the Case

Jim J. Shoemake argued the cause for petitioners. With him on the briefs were Thomas J. Guilfoil and Bruce Dayton Livingston.

James B. Deutsch, Deputy Attorney General of Missouri, argued the cause for respondent. With him on the brief were William L. Webster, Attorney General, and Michael L. Boicourt, Assistant Attorney General.*

JUSTICE O'CONNOR delivered the opinion of the Court.

Article V, § 26, of the Missouri Constitution provides that "[a]ll judges other than municipal judges shall retire at the age of seventy years." We consider whether this mandatory retirement provision violates the federal Age Discrimination in Employment Act of 1967 (ADEA or Act), 81 Stat. 602, as amended, 29 U. S. C. §§ 621-634, and whether it comports with...

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