Hamm v. Philadelphia Board of Education

SMITH, J.,

Plaintiff, Dr. Gerald C. Hamm, was employed as a teacher for 42 years by defendant, the Board of Education for the City of Philadelphia. On April 1, 1977, Dr. Hamm, who was then 69 years of age, received a notice from the Board of Education that his employment would be terminated because he had passed the age at which the termination of employment is permitted by statute. Plaintiff has filed a complaint in mandamus seeking judgment against defendant ordering the board to restore plaintiff to his teaching position. Defendant has filed preliminary objections requesting dismissal of…