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SCHWABENBAUER v. BOARD OF ED., ETC.

No. 58, Docket 80-7853.

667 F.2d 305 (1981)

Rose SCHWABENBAUER, Plaintiff-Appellee, v. BOARD OF EDUCATION OF the CITY SCHOOL DISTRICT OF the CITY OF OLEAN, and Harry S. Leonelli, Charles L. Kinney, Mary Chicola, Martin Faragher, Della Moore, Edward H. Radigan, Paul J. Schafer, John J. Sheehan, Norman R. Utecht, all as members of the Board of Education of the City School District of the City of Olean, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 17, 1981.

Attorney(s) appearing for the Case

H. Kenneth Schroeder, Jr., Buffalo, N. Y. (Anne S. Simet, Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N. Y., on the brief), for defendants-appellants.

Emanuel Tabachnick, Williamsville, N. Y. (Bernard F. Ashe, Albany, N. Y., on the brief), for plaintiff-appellee.

Before KAUFMAN, OAKES and KEARSE, Circuit Judges.

KEARSE, Circuit Judge:

Defendants, the Board of Education of the City School District of the City of Olean and its members (collectively the "Board"), appeal from a final judgment of the United States District Court for the Western District of New York, John T. Elfvin, Judge, entered on the motion of plaintiff Rose Schwabenbauer, a teacher, for summary judgment. Schwabenbauer contended that the Board's termination of her employment constituted discriminatory...

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