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RENDELL-BAKER v. KOHN

Nos. 80-1328, 80-1451.

641 F.2d 14 (1981)

Sheila RENDELL-BAKER, Plaintiff, Appellant, v. Sandra KOHN et al., Defendants, Appellees. Wayne KLUG et al., Plaintiffs, Appellees, v. NEW PERSPECTIVES SCHOOL, INC. et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided February 12, 1981.

Attorney(s) appearing for the Case

Robert J. Doyle, Boston, Mass., with whom Doyle, Playter, Novick & Berkin, Boston, Mass., was on brief, for Sheila Rendell-Baker.

Matthew H. Feinberg, Boston, Mass., with whom Mary Catherine Leonard, and Kassler, Feinberg & Feuer, Boston, Mass., were on brief, for New Perspectives School, Inc., et al.

Betty E. Waxman, Asst. Atty. Gen., Government Bureau, Dept. of the Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for Francis X. Bellotti, et al.

Kurt M. Pressman, with whom Goldstein & Pressman, Cambridge, Mass., was on brief, for Wayne Klug, et al.

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

CAMPBELL, Circuit Judge.

These two consolidated appeals from differing judgments in the district court involve claims brought under 42 U.S.C. § 1983 by former staff members of the New Perspectives School, Inc. Plaintiffs contend they were discharged because of exercise of their first amendment rights and without due process. The only question now before us is whether, in discharging plaintiffs, the defendants acted "under color of any statute, ordinance, regulation...

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