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WAGLE v. MURRAY

No. 73-2066.

560 F.2d 401 (1977)

Lawrence S. WAGLE, Plaintiff-Appellant, v. H. Max MURRAY, as Principal of the R. A. Long High School, and H. Max Murray & Jane Doe Murray, husband and wife, Individually, Russell Esvelt & Jane Doe Esvelt, husband and wife, Milton H. Smith, as Superintendent of Longview School District No. 122, Betty Buck, Harold Freiberg, David Hallin, Raymond McDermott & Eunice Van Sickle, as Members of the Board of Directors of Longview School District No. 122, Betty Buck and Charles E. Buck, husband and wife, Raymond McDermott and Jane Doe McDermott, husband and wife, Eunice Van Sickle and R. V. Van Sickle, wife and husband, Longview School District No. 122, a Washington Municipal Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 29, 1977.

Attorney(s) appearing for the Case

Frederick L. Noland, MacDonald, Hoague & Bayless, Seattle, Wash., Jerry D. Anker, Washington, D. C., argued, for plaintiff-appellant.

Alvin A. Anderson, Tacoma, Wash., argued, for defendants-appellees.

Before BROWNING and CHOY, Circuit Judges, and WEIGEL, District Judge.

PER CURIAM:

The jury returned a verdict of $50,000 for appellant in his action under the Civil Rights Act of 1871, 42 U.S.C. § 1983, against school officials and a school district, alleging termination of appellant's employment as a high school teacher for exercising rights under the First Amendment. The trial judge granted appellees' motion for judgment notwithstanding the verdict. On appeal we reversed. On petition for certiorari the Supreme Court vacated our...

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