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VALOT v. SOUTHEAST LOCAL SCHOOL DIST. BD. OF EDUC.

No. 95-3390.

107 F.3d 1220 (1997)

Sally Ann VALOT, Jean Hansen, Anna D. Roosa, Plaintiffs-Appellants, v. SOUTHEAST LOCAL SCHOOL DISTRICT BOARD OF EDUCATION, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 6, 1997.

Rehearing and Suggestion for Rehearing En Banc Denied April 18, 1997.

Attorney(s) appearing for the Case

Ira J. Mirkin, argued and briefed, Barry R. Laine, Bonnie D. Burdman, Green, Haines, Sgambati, Murphy & Macala, Youngstown, OH, for Plaintiffs-Appellants.

G. Frederick Compton, Jr., Whalen & Compton, Akron, OH, Michael J. Loughman, Daniel D. Mason, argued and briefed, Warhola, O'Toole, Loughman, Alderman & Stumphauzer, Lorain, OH, for Defendants-Appellees.

Daniel S. Smith, briefed, Ohio Education Association, Grandview Heights, OH, for Amicus Curiae Ohio Education Association.

John S. Marshall, briefed, Spater, Gittes, Schulte & Kolman, Columbus, OH, for Amicui Curiae Ohio NOW Education and Legal Fund and Ohio Employment Lawyers Association.

Before: ENGEL, MERRITT, and RYAN, Circuit Judges.

ENGEL, J., delivered the opinion of the court. RYAN, J. (pp. 1230-34), delivered a separate concurring opinion. MERRITT, J. (p. 1234), delivered a separate opinion concurring in part and dissenting in part.

ENGEL, Circuit Judge.

As untenured, substitute bus drivers, Sally Ann Valot, Jean Hansen, and Anna D. Roosa applied for and obtained unemployment compensation for the summer months of 1993 during which they were...

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