Marvin S. King, Appellant, v. Gary Cochran et al., Appellees, 551 F.2d 1133 (8th Cir. 1977)

This suit was brought by Marvin King, a black school teacher, seeking declaratory, injunctive and monetary relief on the basis of allegations that the retirement policy adopted by the Portland School District is racially discriminatory. The suit was brought under 42 U.S.C. § 1983 and the equal protection clause of the fourteenth amendment.

The retirement policy at issue requires a teacher with twenty years experience to retire from the District at age 65 and a teacher with thirty years experience to retire from the District at age 62. The plaintiff's teaching contract was not renewed for the 1975-1976 school year because he had reached the age of 62 with thirty years experience. The district court found that the retirement policy was not racially discriminatory on its face or as applied and that the policy was justified by a rational purpose, specifically, to improve the quality of education in the District by creating a faster turnover of personnel.¹ 

We have carefully examined the record made in the district court together with the briefs, and we have heard oral argument by the parties. In our view, a comprehensive opinion would have no precedential value. No error of law appears on the record and the district court's factual findings are not clearly erroneous. Accordingly, we affirm on the basis of the district court's opinion. See Local Rule 14.² 

Affirmed.