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BERTOT v. SCHOOL DIST. NO. 1, ALBANY COUNTY

No. 76-1169.

613 F.2d 245 (1979)

Donna BERTOT, Plaintiff-Appellant, v. SCHOOL DISTRICT NO. 1, ALBANY COUNTY, WYOMING et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 26, 1979.

Attorney(s) appearing for the Case

Michael H. Gottesman, Washington, D. C. (Robert M. Weinberg of Bredhoff, Cushman, Gottesman & Cohen, Washington, D. C., David Rubin, Washington, D. C., and Charles E. Graves of Graves & Hacker, Cheyenne, Wyo., on the brief), for plaintiff-appellant.

Alfred M. Pence of Pence, Millett & MacMillan, Laramie, Wyo., for defendants-appellees.

Before SETH, Chief Judge, and HOLLOWAY, McWILLIAMS, BARRETT, DOYLE, McKAY and LOGAN, Circuit Judges.

McKAY, Circuit Judge.

We here consider, in light of Monell v. Department of Social Services, 436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978), the availability to appellee School District of a "good faith" defense in an action brought for backpay under 42 U.S.C. § 1983 (1976). We hold that a good faith defense is not available.

I.

This case, begun in 1971, is making its third appearance before this court...

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