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RUSSO v. CENTRAL SCH. DIST. NO. 1, TOWNS OF RUSH, ETC., N. Y.

No. 26, Docket 72-1303.

469 F.2d 623 (1972)

Mrs. Susan RUSSO, Appellant, v. CENTRAL SCHOOL DISTRICT NO. 1, TOWNS OF RUSH, ET AL., COUNTY OF MONROE, STATE OF NEW YORK, et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided November 14, 1972.

Attorney(s) appearing for the Case

Richard R. Rowley, Albany, N. Y. (Sneeringer & Rowley, Jeffrey G. Plant, Albany, N. Y., of counsel), for appellant.

William H. Morris, Rochester, N. Y. (Nixon, Hargrave Devans & Doyle, Robert H. Wendt, Rochester, N. Y., of counsel), for appellees.

Before WATERMAN, SMITH and KAUFMAN, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Events that occur in small towns sometimes have a way of raising large constitutional questions. Henrietta, New York, a town of approximately 6,500 residents, is the geographic setting of this important case, in which we are asked to decide whether the dismissal of Mrs. Susan Russo, a high school art teacher, for what in the end amounts to a silent refusal to participate in her school's daily flag salute ceremonies, violated her constitutional...

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