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DE BLEECKER v. MONTGOMERY COUNTY

No. 1043, September Term, 1980.

48 Md. App. 455 (1981)

427 A.2d 1075

MICHAEL P. DE BLEECKER v. MONTGOMERY COUNTY, MARYLAND ET AL.

Court of Special Appeals of Maryland.

Decided April 13, 1981.

Attorney(s) appearing for the Case

Gary Howard Simpson for appellant.

Hugh E. Donovan, with whom were Donovan & Nash on the brief, for appellees Montgomery County, Blake and Sander. Edward B. Layne, Jr., for appellees Montgomery County Board of Education and Norma C. Day.

The cause was argued before GILBERT, C.J., and MELVIN and COUCH, JJ.

GILBERT, C.J., delivered the opinion of the Court.

This is a unique appeal in this Court because it is the first case appearing before us that is bottomed on the federal statute permitting civil actions for alleged deprivation of constitutional or statutory rights.

The federal statute upon which the instant appeal was built is 42 U.S.C. §§ 1983 and 1985. Section 1983 provides:

"Every person who, under color of any statute, ordinance, regulation...

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