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DREXLER v. SOUTHWEST DUBOIS SCHOOL CORPORATION

No. 72-1918.

504 F.2d 836 (1974)

Betty DREXLER, Plaintiff-Appellant, v. SOUTHWEST DUBOIS SCHOOL CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 15, 1974.

Attorney(s) appearing for the Case

Richard J. Darko, Indianapolis, Ind., for plaintiff-appellant.

Lewis C. Bose, Indianapolis, Ind., for amicus curiae.

Norbert T. Schneider, Huntingburg, Ind., for defendants-appellees.

Before SWYGERT, Chief Judge, KNOCH, Senior Circuit Judge, FAIRCHILD, CUMMINGS, PELL, STEVENS, SPRECHER and TONE, Circuit Judges.

SWYGERT, Chief Judge.

Plaintiff-appellant Betty Drexler is appealing a decision of the district court abstaining from considering the merits of her section 1983 action. On February 14, 1974, in an unpublished order, a panel of this court (one judge dissenting) affirmed that order. Pursuant to the plaintiff-appellant's suggestion, we have reheard this appeal en banc. We reverse.

The question presented by this appeal is whether it is proper for a federal...

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