Legal Opinion
O'NEIL v. Baine
Supreme Court of Missouri
Decided July 11, 1978No. 60792PublishedCited by 27 opinions
1Opinion of the Court
SIMEONE, Judge.
I
This is an appeal from a judgment of the Circuit Court of St. Louis County entered on May 4, 1978, holding that § 476.458, RSMo 1976 Supp., requiring mandatory retirement for magistrate and probate judges at age seventy, is unconstitutional as violative of equal protection and due process. Amend. XIV, U.S.Const., Art. I, §§ 2 and 10, Mo.Const. Since this case involves a construction of the Constitution, we have jurisdiction. Article V, § 3, Mo.Const.
The issue which we must determine is whether the mandatory retirement provisions embodied in § 476.458 relating to…
2Cases cited18 opinions
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- Shapiro v. ThompsonSupreme Court of the United States · 1969
- Dunn v. BlumsteinSupreme Court of the United States · 1972
- Massachusetts Board of Retirement v. MurgiaSupreme Court of the United States · 1976
- Boughton v. PriceIdaho Supreme Court · 1950
13 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Gregory v. AshcroftSupreme Court of the United States · 1991
- Maresca v. CuomoNew York Court of Appeals · 1984
- Malmed v. ThornburghCourt of Appeals for the Third Circuit · 1980
- Sasso v. Ram Property ManagementDistrict Court of Appeal of Florida · 1983
- Rittenband v. CoryCalifornia Court of Appeal · 1984
22 more not listed; retrieve them via the Exa API.