AVERY v. HOMEWOOD CITY BD. OF ED.

No. 80-7364.

674 F.2d 337 (1982)

Jean AVERY, Plaintiff-Appellant, v. HOMEWOOD CITY BOARD OF EDUCATION, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

April 26, 1982.


Attorney(s) appearing for the Case

Gray, Seay & Langford, Montgomery, Ala., Jeremiah A. Collins, Joy Koletsky, Washington, D. C., for plaintiff-appellant.

John W. Williams, Jr., Donald B. Sweeney, Jr., Birmingham, Ala., for Homewood City Bd. of Ed.

Before MORGAN, TJOFLAT and ANDERSON, Circuit Judges.


TJOFLAT, Circuit Judge:

Jean Avery brought this action in the district court, alleging that the termination of her teaching contract by the Homewood City Board of Education was unlawful. Following a bench trial, the court concluded that although one of the grounds of Avery's discharge was arguably impermissible, the presence of another, permissible, ground rendered the termination lawful. Accordingly, the court entered judgment for the defendants. The district court...

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