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HENSON v. CITY OF ST. FRANCIS

No. 70-C-278.

322 F.Supp. 1034 (1970)

Donn W. HENSON, Thomas L. Marlett, Nancy Stuart, and St. Francis Education Association, a voluntary association, Plaintiffs, v. CITY OF ST. FRANCIS, School District #6, City of St. Francis, School Board of School District #6, City of St. Francis, Charles J. Lacke, individually and as Superintendent of Schools, School District #6, City of St. Francis, Dr. Ralph Wichgers, individually and as President of School Board of School District #6, Raymond Calteux, individually and as Clerk of School Board of School District #6, Rudolph T. Hoppe, individually and as Treasurer of School Board of School District #6, Norman F. Easey, individually and as member of School Board of School District #6, George S. Verzowski, individually and as member of School Board of School District #6, City of St. Francis, Wisconsin, Defendants.

United States District Court, E. D. Wisconsin.

On Motion to Modify Order January 18, 1971.

Attorney(s) appearing for the Case

Hayes, Peck, Perry & Gerlach by Richard Perry, Milwaukee, Wis., for plaintiffs.

Quarles, Herriott, Clemons, Teschner & Noelke by James Urdan, Milwaukee, Wis., for defendants.

DECISION and ORDER

MYRON L. GORDON, District Judge.

The court has before it the defendants' motion to dismiss the complaint. The plaintiffs in this action are three teachers and the voluntary education association that represents them. The complaint alleges that in February, 1970, the defendants decided, "without any lawful reason and without any lawful basis in fact," not to renew the plaintiffs-teachers' contracts for the forthcoming school year.

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