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ELBERT v. BOARD OF ED. OF LANARK COMMUNITY UNIT

No. 79-1310.

630 F.2d 509 (1980)

Donald G. ELBERT, Plaintiff-Appellant, v. The BOARD OF EDUCATION OF LANARK COMMUNITY UNIT SCHOOL DISTRICT # 305, CARROLL COUNTY, ILLINOIS, Dennis Sturtevant, Vernon Voss, Mary Holesinger, and Bettye Zier, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 10, 1980.

Rehearing and Rehearing Denied November 7, 1980.

Attorney(s) appearing for the Case

Elmer Gertz, Chicago, Ill., for plaintiff-appellant.

Lorence H. Slutzky, Chicago, Ill., for defendants-appellees.

Before FAIRCHILD, Chief Judge, BAUER, Circuit Judge, and BAKER, District Judge.

Rehearing and Rehearing In Banc Denied November 7, 1980.

FAIRCHILD, Chief Judge.

The narrow question presented by this appeal is whether a public employee can maintain an action under 42 U.S.C. § 1983 or § 1985(3) when his termination is announced, and presumably defamatory statements are made about him, but retractions are made and he is "rehired" before the effective date of the termination. We agree with the district court that on these facts...

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