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COHEN v. BOARD OF EDUC., SMITHTOWN CENT. SCH. DIST.

Nos. 338, 339, Dockets 83-7513, 83-7515.

728 F.2d 160 (1984)

Harvey L. COHEN, Plaintiff-Appellee-Cross-Appellant, v. BOARD OF EDUCATION, SMITHTOWN CENTRAL SCHOOL DISTRICT, NO. 1, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 27, 1984.

Attorney(s) appearing for the Case

Martin J. Crowley, Smithtown, N.Y. (Craig F. Meltzer, Smithtown, N.Y., of counsel), for defendant-appellant-cross-appellee.

Frederic Block, Smithtown, N.Y. (Block & Costa, Smithtown, N.Y., of counsel), for plaintiff-appellee-cross-appellant.

Before KAUFMAN, VAN GRAAFEILAND and HAYNSWORTH, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

The Board of Education, Smithtown Central School District, No. 1, appeals and plaintiff, Harvey Cohen, cross-appeals from a judgment of the United States District Court for the Eastern District of New York (Mishler, J.), which ordered the Board to reinstate Cohen as a tenured English teacher with back pay and employment benefits, but awarded him no damages for the emotional and mental distress...

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