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HUNTER v. BD. OF EDUC., MONT. CNTY.

[No. 32, September Term, 1981.]

292 Md. 481 (1982)

439 A.2d 582

ROSS J. HUNTER ET AL. v. BOARD OF EDUCATION OF MONTGOMERY COUNTY ET AL.

Court of Appeals of Maryland.

Decided January 7, 1982.

Attorney(s) appearing for the Case

Browne L. Kooken, with whom were Charles A. Dukes, Jr. and Dukes & Kooken on the brief, for appellants.

Amicus curiae brief of the Board of Education of Baltimore County filed. Leonard S. Jacobson, County Solicitor, Arnold Jablon, Assistant County Solicitor, William B. Somerville and Smith, Somerville & Case, John H. Mudd, H. Thomas Howell, Susan T. Preston, Nora Winay and Semmes, Bowen & Semmes on the brief.

Paul V. McCormick, with whom were McCormick, Sullivan & Talbott on the brief, for appellees.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

DIGGES, J., delivered the opinion of the Court. DAVIDSON, J., concurs in part and dissents in part, and filed an opinion at page 491 infra, concurring in part and dissenting in part.

This case primarily presents the troubling but nevertheless important question, which has not been previously addressed by this Court, of whether an action can be successfully asserted against a school board and various individual employees...

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