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CANTY v. BOARD OF EDUCATION OF CITY OF NEW YORK

No. 992, Docket 71-1312.

448 F.2d 428 (1971)

Leslie CANTY, Jr., Plaintiff-Appellant, v. The BOARD OF EDUCATION OF the CITY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 3, 1971.

Attorney(s) appearing for the Case

Louis L. Hoynes, Jr., New York City (Richard A. Bertocci, Frank J. Simone, Jr., Willkie, Farr & Gallagher, New York City, on the brief), for appellant.

Nina G. Goldstein, New York City (J. Lee Rankin, Corporation Counsel, City of New York, Stanley Buchsbaum, New York City, on the brief), for appellee.

Before SMITH and HAYS, Circuit Judges, and POLLACK, District Judge.

HAYS, Circuit Judge:

This is an appeal from an order of the United States District Court for the Southern District of New York, dismissing plaintiff's complaint on defendant's motion for summary judgment. The essence of plaintiff's claim is that the failure to provide a full trial type hearing upon his discharge from his position as a junior high school teacher constituted a denial of due process. Jurisdiction is asserted under the Fourteenth Amendment and under 42...

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