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KILGOAR v. COLBERT COUNTY BD. OF ED.

No. 77-3210 Summary Calendar.

578 F.2d 1033 (1978)

Rowena KILGOAR and Thomas Dow Mitchell, Plaintiffs-Appellants, v. COLBERT COUNTY BOARD OF EDUCATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 23, 1978.

Attorney(s) appearing for the Case

Joseph E. Carr, IV, Ala. Educ. Assn., Montgomery, Ala., Faith Hanna, Staff Counsel, Nat'l Educ. Assoc., Washington, D. C., for plaintiffs-appellants.

Stanley E. Munsey, Tuscumbia, Ala., for defendants-appellees.

Before THORNBERRY, GODBOLD and RUBIN, Circuit Judges.

GODBOLD, Circuit Judge:

This appeal involves the third case brought by plaintiffs Kilgoar and Mitchell against the school board which discharged them in 1971 and has not rehired them. The court below granted motions for summary judgment on two grounds: first, several individual defendants were not members of the school board at any material time; second, as to all defendants, all issues had been or could have been decided in the first two cases. We reverse and remand...

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