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PLANO v. BAKER

No. 4, Docket 74-1527.

504 F.2d 595 (1974)

Francis C. PLANO, Appellant, v. Clifford W. BAKER, Individually and as Supervising Principal of the Westmoreland Central School District, et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided October 11, 1974.

Attorney(s) appearing for the Case

Bernard F. Ashe, Albany, N. Y. (James R. Sandner and Ivor R. Moskowitz, Albany, N. Y., of counsel), for appellant.

Michael P. DeSantis, Utica, N. Y., for appellees Baker, Melie, Acee, Barns, Nowak, Plehn, Richards, Romeo, Walker in their official capacities and for appellee Bd. of Ed. of the Westmoreland Central School Dist.

Arthur F. Barns, Utica, N. Y. (Evans, Severn, Bankert & Peet, Utica, N. Y.), for appellees Baker, Melie, Acee, Barns, Nowak, Plehn, Richards, Romeo, and Walker, individually.

John C. Scholl, Utica, N. Y., for appellee F. Wright Johnson.

Before KAUFMAN, Chief Judge, and SMITH and TIMBERS, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Francis C. Plano appeals from an order of the United States District Court for the Northern District of New York, James T. Foley, Chief Judge, granting appellees' motions to dismiss and denying appellant's motion for a temporary restraining order and preliminary injunction. Appellant, a probationary teacher in the Westmoreland Central School System, Westmoreland, New York, instituted an action pursuant to 42 U.S.C. § 1983...

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