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MAILLOUX v. KILEY

No. 71-1130.

448 F.2d 1242 (1971)

Roger A. MAILLOUX, Plaintiff, Appellee, v. Daniel P. KILEY et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

September 23, 1971.

Attorney(s) appearing for the Case

Kevin M. Keating, Boston, Mass., with whom Joseph S. Oteri, Charlotte Anne Perretta, Crane, Inker & Oteri, Boston, Mass., Michael Batal, Jr., Michael Batal, Batal & Batal, Lawrence, Mass., J. Kevin Leary, Gerard F. Doherty, Boston, Mass., were on briefs, for appellants.

John H. Henn, Boston, Mass., with whom Daniel D. Levenson and Foley, Hoag & Eliot, Boston, Mass., were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

PER CURIAM.

This case is back after trial, following our earlier decision in regard to a preliminary injunction. 436 F.2d 565 (1971). In the light of defendants' present argument we may have there indicated a departure from Keefe v. Geanakos, 1 Cir., 1969, 418 F.2d 359, that we did not intend. On the facts of that case we held that the teacher's conduct could not properly subject him to suspension...

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