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MACK v. CAPE ELIZABETH SCHOOL BD.

No. 76-1503.

553 F.2d 720 (1977)

Donna MACK, Plaintiff, Appellant, v. CAPE ELIZABETH SCHOOL BOARD et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 25, 1977.

Attorney(s) appearing for the Case

Perry H. Clark, Westbrook, Maine, with whom Ray R. Pallas, Westbrook, Maine, was on brief, for plaintiff, appellant.

Merton G. Henry, Portland, Maine, with whom Nicholas S. Nadzo, Washington, D. C., and Jensen Baird Gardner Donovan & Henry, Portland, Maine, were on brief, for defendants, appellees.

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

ALDRICH, Senior Circuit Judge.

Plaintiff Donna Mack, a probationary school teacher in her third year at the Cape Elizabeth, Maine, schools, applied in the middle of the year for maternity leave, and indicated that she wished to stay out during the year succeeding. The school superintendent responded with a letter of acquiescence, adding that she should notify him before February 1 of the next year, "if you wish to return to teaching." When, in January of the following...

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