THOMSEN, Senior District Judge: Appellant (plaintiff) applied for employment as a police officer in Moundsville, West Virginia. His application was denied by the City’s Police Civil Service Commission on the sole ground that he was 40 years of age and therefore ineligible to take the required physical and mental examinations by reason of West Virginia Code (Michie 1976 Repl.Vol.) § 8-14-12, which establishes an 18-to-35-ye…
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