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GARGIUL v. TOMPKINS

No. 1267, Docket 82-7482.

739 F.2d 34 (1984)

Lorraine GARGIUL, Plaintiff-Appellant, v. Virgil E. TOMPKINS, Individually and as District Superintendent of Liverpool Central School District, James Johnson, Individually and as Acting Superintendent of Liverpool Central School District, Dennis Jones, Individually and as Coordinator of Personnel of Liverpool Central School District, Dr. Paul Day, Individually and as Chief Medical Inspector for the Liverpool Central School District, F. Robert Kolch, Individually and as Clerk of the Board of Education of the Liverpool Central School District, Arthur D. Little, Bruce C. Vojt, Emilio Chasse, Doris Ann Connor, David A. Files, Marie Hartwell, Richard J. Hayko, Toni Anne Morris, Lloyd J. Spafford, as Individuals and as Members of the Board of Education of the Liverpool Central School District, the Board of Education of the Liverpool Central School District, Liverpool, New York, and Arnold Dettor, as Hearing Officer appointed pursuant to New York State Education Law, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 29, 1983.

Remanded February 21, 1984.

Decided July 6, 1984.

Attorney(s) appearing for the Case

James M. Sullivan, Jr., P.C., Syracuse, N.Y., for plaintiff-appellant.

Kenneth A. Windstein, Syracuse, N.Y., O'Hara, Fletcher, Felice & Crough, Syracuse, N.Y., for defendants-appellees.

Before FEINBERG, Chief Judge, OAKES, Circuit Judge, and TENNEY, District Judge.

Remanded from the United States Supreme Court February 21, 1984.

TENNEY, District Judge.

This action is before the Court pursuant to an order of the Supreme Court, Tompkins v. Gargiul, ___ U.S. ___, 104 S.Ct. 1263, 79 L.Ed.2d 670 (1984), which vacated our prior judgment and remanded the case for consideration in light of Migra v. Warren City School Dist. Bd. of Educ., ___ U.S. ___, 104 S.Ct. 892, 79 L.Ed.2d 56 (1984). We, in turn, reverse and...

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