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BRUBAKER v. BOARD OF ED., SCHOOL DIST. 149, COOK CTY., ILL.

No. 72-1898.

502 F.2d 973 (1974)

Clara S. BRUBAKER et al., Plaintiffs-Appellants, v. BOARD OF EDUCATION, SCHOOL DISTRICT 149, COOK COUNTY, ILLINOIS, a body politic and corporate, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 31, 1974.

On Rehearing December 17, 1974.

Attorney(s) appearing for the Case

Allen H. Gerstein, Chicago, Ill., for plaintiffs-appellants.

Mitchell J. Overgaard, Chicago, Ill., for defendants-appellees.

Before KNOCH and O'SULLIVAN, Senior Circuit Judges, and FAIRCHILD, Circuit Judge.

On Rehearing En Banc December 17, 1974.

O'SULLIVAN, Senior Circuit Judge.

This appeal concerns the discharge by defendant Board of Education of three public school teachers—plaintiff-appellants—for distributing or causing to be distributed to their eighth grade pupils allegedly obscene and improper reading materials. Action was brought against the appellees, Board of Education, its members and agents, in the United States District Court for the...

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