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COHEN v. CHESTERFIELD COUNTY SCHOOL BOARD

No. 71-1707.

474 F.2d 395 (1973)

Mrs. Susan COHEN, Appellee, v. CHESTERFIELD COUNTY SCHOOL BOARD and Dr. Robert F. Kelly, Appellants, Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided January 15, 1973.

Certiorari Granted April 23, 1973.

Attorney(s) appearing for the Case

Samuel W. Hixon, III, Richmond, Va. (Williams, Mullen & Christian, Richmond, Va., and Frederick T. Gray, Robert E. Eicher, Richmond, Va., Oliver D. Rudy and Morris E. Mason, Chesterfield, Va., on brief), for appellants.

Philip J. Hirschkop, Alexandria, Va. (John B. Mann, Richmond, Va., on brief), for appellee.

John de J. Pemberton, Jr., Acting Gen. Counsel, Julia P. Cooper, Chief, Appellate Section, Ed Katze, Dist. Atty., Washington District Office, Washington, D. C., on brief, for E. E. O. C.

Before HAYNSWORTH, Chief Judge, and WINTER, CRAVEN, BUTZNER, RUSSELL, FIELD and WIDENER, Circuit Judges, en banc.

Certiorari Granted April 23, 1973. See 93 S.Ct. 1925.

HAYNSWORTH, Chief Judge:

In this action brought under 42 U.S.C. § 1983, the plaintiff challenges the maternity leave regulation of the Chesterfield County School Board on the ground that it deprives her of her rights to due process and to equal protection of the laws guaranteed under the Fourteenth Amendment to the Constitution.1 The

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