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SHUMATE v. BOARD OF EDUCATION OF COUNTY OF JACKSON

No. 73-1139.

478 F.2d 233 (1973)

Daniel H. SHUMATE, Appellant, v. The BOARD OF EDUCATION OF the COUNTY OF JACKSON, a corporation, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 4, 1973.

Attorney(s) appearing for the Case

Charles R. McElwee and John C. Palmer, IV, Charleston, W. Va., on brief for appellant.

Joseph C. Hash, Jr., Pros. Atty., Ripley, W. Va., on brief for appellees.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BOREMAN, Senior Circuit Judges.

PER CURIAM:

Daniel H. Shumate brought this suit under 42 U.S.C. § 1983, seeking reinstatement as a public school teacher and damages against the Board of Education of Jackson County, West Virginia. The complaint alleged that the Board's failure to re-employ him for the 1972-73 school year "was arbitrary, malicious and without legal cause and was based upon or resulted from the exercise by the plaintiff of rights guaranteed by the First Amendment to the Constitution...

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