Lewis v. Cowen

OPINION AND ORDER

HIGGINBOTHAM, District Judge.

I

Introduction

Plaintiff, a retired male railroad employee, claims that a former provision of the Railroad Retirement Act, 45 U.S.C. § 228b(a) (hereafter § 228b(a))1 violates the equal protection component of the Fifth Amendment and is invalid on the ground that it was superseded by Title VII of the Civil Rights Act of 1964. § 228b(a) permitted women with thirty years’ service to retire at age sixty with full benefits; however, men with thirty years’ service receive reduced benefits if they retired between their sixtieth and sixty-fifth birthdays.…