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STATE POLICE FOR AUTOMATIC RETIREMENT v. DIFAVA

No. CIV. A. 01CV10053PBS.

164 F.Supp.2d 141 (2001)

STATE POLICE FOR AUTOMATIC RETIREMENT ASSOCIATION et al., Plaintiffs, v. John DIFAVA, Superintendent of the Department of State Police, Ellen Philbin, Executive Director of the Massachusetts State Police Retirement Board, and Jane Perlov, Secretary of Public Safety, Defendants, and Robert T. Devereaux et al., Intervenors, and Equal Employment Opportunity Commission, Intervenor.

United States District Court, D. Massachusetts.

September 5, 2001.

Attorney(s) appearing for the Case

Michael C. McLaughlin, Boston, MA, for Plaintiffs.

Thomas A. Barnico, Deborah S. Steenland, Attorney General's Office, Boston, MA, for Defendants.

James B. Conroy, Jeffrey L. Levy, Donnelly, Conroy & Gelhaar, Boston, MA, Michael J. O'Brien, NY District Office, Elizabeth Grossman, Lisa Sirkin, Katherine E. Bissell, New York City, for Movants.

MEMORANDUM AND ORDER

SARIS, District Judge.

The State Police for Automatic Retirement Association ("SPARA"), a voluntary association of younger State Police Troopers, has brought a collateral attack on a permanent injunction entered in 1998 barring the State defendants from discharging State Police officers on the basis of age under the State's statutory retirement provisions. SPARA contends that the injunction violates the so-called safe harbor provision...

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