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NATIONAL ED. ASS'N v. LEE COUNTY BD. OF PUBLIC INSTRUCTION

No. 28195.

448 F.2d 451 (1971)

NATIONAL EDUCATION ASSOCIATION, Inc. et al., Plaintiffs-Appellees, v. LEE COUNTY BOARD OF PUBLIC INSTRUCTION et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 16, 1971.

Attorney(s) appearing for the Case

Julian D. Clarkson, Emmet B. Anderson, Fort Myers, Fla., for defendants-appellants.

Richard H. Frank, Tampa, Fla., Glassie, Pewett, Beebe & Shanks, Robert H. Chanin, Hershel Shanks, Allan I. Mendelsohn, Washington, D. C., for plaintiffs-appellees.

Before JOHN R. BROWN, Chief Judge, and COLEMAN and CLARK, Circuit Judges.

PER CURIAM:

The question in this case, broadly stated, is whether the School Board of Lee County, Florida and the administrators of the school system have the authority under Florida statutes to condition return of teachers to a previous non-strike status by the payment of $100. The District Court, 299 F.Supp. 834, granted summary judgment for the teachers and the School Board appeals.

The suit successfully maintained...

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