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Clark v. Riley

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Before TJOTLAT, CARNES, Circuit Judges, and HOOD,*fn1 District Judge.

In this case, Dr. Joe L. Reed, a member of the Board of Trustees for Alabama State University, seeks a declaratory judgment that an age limit in Ala. Code § 16-50-20(a) prohibiting a board member from serving beyond September 30 following his seventieth birthday does not apply to him for two reasons: first, § 16-50-20(b) creates an exception shielding him from the age limit; second, and alternatively, the age limit is facially unconstitutional because it denies persons over seventy years of age the equal protection of the laws guaranteed them by the Fourteenth Amendment to the United States Constitution. The district court rejected both reasons and denied relief.*fn2 Reed now appeals. We affirm.

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