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BAILEY v. CITY OF LAWRENCE, IND.

No. 91-2745.

972 F.2d 1447 (1992)

Jack L. BAILEY, Plaintiff-Appellant, v. CITY OF LAWRENCE, INDIANA, Thomas D. Schneider, as Mayor of the City of Lawrence, as a member of the Lawrence Board of Public Works and Safety and individually, Harry D. Inskeep, as a member of the Lawrence Board of Public Works and Safety and individually, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 20, 1992.

As Amended on Denial of Rehearing October 2, 1992.

Attorney(s) appearing for the Case

John C. Ruckelshaus, David T. Hasbrook (argued), Ruckelshaus, Roland, Hasbrook & O'Connor, Indianapolis, Ind., for plaintiff-appellant.

David F. Rees (argued), Lawrence, Ind., for defendants-appellees.

Before COFFEY and MANION, Circuit Judges, and SHABAZ, District Judge.

MANION, Circuit Judge.

Pursuant to Ind.Code § 36-8-4-7, a person may not be appointed to the police department after the person has "reached thirty-six (36) years of age." In 1987, the City of Lawrence, Indiana (Lawrence), appointed Jack L. Bailey to the Lawrence Police Department the day before Bailey's thirty-sixth birthday. In 1990, Lawrence discharged Bailey without a hearing, and Bailey filed suit against the defendants in Indiana state court alleging violations...

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