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KINSELLA v. BOARD OF ED. OF CENT. SCH. DIST. NO. 7, ERIE CTY.

Civ. No. 1973-187.

378 F.Supp. 54 (1974)

Donald M. KINSELLA, Plaintiff, v. BOARD OF EDUCATION OF CENTRAL SCHOOL DISTRICT NO. 7 OF the TOWNS OF AMHERST AND TONAWANDA, ERIE COUNTY and Ewald B. Nyquist, Commissioner of Education of the State of New York, Defendants.

United States District Court, W. D. New York.

As Amended February 20, 1974.

Attorney(s) appearing for the Case

Bernard F. Ashe, and James R. Sandner, Albany, N. Y., for plaintiff.

Ohlin, Damon, Morey, Sawyer & Moot, Buffalo, N. Y. (James S. McAskill, Buffalo, N. Y., of counsel), Thomas L. David, Buffalo, N. Y., for Defendant Central School Dist. No. 7.

Louis J. Lefkowitz, Atty. Gen. of N. Y. (Douglas S. Cream, Asst. Atty. Gen., of counsel), for defendant Nyquist.

Before OAKES, Circuit Judge, HENDERSON, Chief District Judge, and CURTIN, District Judge.

JOHN O. HENDERSON, Chief District Judge:

The plaintiff in this action is a tenured school teacher who has been employed by the defendant school board as a physical education and health education instructor for the past fourteen years. On March 1, 1973 the principal of the Senior High School of Sweet Home Central School District, where plaintiff is employed, filed charges against plaintiff with the defendant school board...

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