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WISHART v. McDONALD

Nos. 74-1010, 74-1011.

500 F.2d 1110 (1974)

D. Franklin WISHART, Plaintiff, Appellee and Appellant, v. Paul J. McDONALD et al., Defendants, Appellants and Appellees.

United States Court of Appeals, First Circuit.

Decided July 10, 1974.

Attorney(s) appearing for the Case

Jeffrey M. Freedman, Boston, Mass., with whom Dan S. Chill and Brown, Rudnick, Freed & Gesmer, Boston, Mass., were on brief, for D. Franklin Wishart.

John H. Henn, Foley, Hoag & Eliot, Michael B. Elefante and Hemenway & Barnes, Boston, Mass., on brief for Civil Liberties Union of Mass., amicus curiae.

Richard A. Howard, Boston, Mass., with whom Brickley, Sears & Cole, Boston, Mass., was on brief, for Paul J. McDonald and others.

Austin Broadhurst, Philip S. Lapatin and Gaston, Snow, Ely & Bartlett, Boston, Mass., on brief for Mass. Ass'n of School Committees, amicus curiae.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

D. Franklin Wishart, a tenured sixth grade teacher in Easton, Massachusetts, was dismissed from his job for conduct unbecoming a teacher, following a hearing before the school committee on charges that he had carried in public view on his property located in the town where he taught, in a lewd and suggestive manner, a dress mannequin that he had dressed, undressed and caressed.

Instead of pursuing the de novo hearing...

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