SCHWABENBAUER v. BD. OF EDUC. OF CITY SCHOOL DIST. OF CITY OF OLEAN

No. 1303, Docket 85-7213.

777 F.2d 837 (1985)

Rose SCHWABENBAUER, Plaintiff-Appellant, v. BOARD OF EDUCATION OF the CITY SCHOOL DISTRICT OF the CITY OF OLEAN, and Harry S. Leonelli, Charles L. Kinney, Mary Chicola, Martin Faragher, Della Moore, Edward H. Radigan, Paul J. Schafer, John J. Sheehan, Norman R. Utecht, all as members of the Board of Education of the City School District of the City of Olean, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 22, 1985.


Attorney(s) appearing for the Case

Emanuel Tabachnick, Williamsville, N.Y., with whom Bernard F. Ashe, Albany, N.Y., was on brief (Rocco A. Solimando, Albany, N.Y., of counsel), for plaintiff-appellant.

H. Kenneth Schroeder, Jr., Buffalo, N.Y. (Anne S. Simet and Hodgson, Russ, Andrews, Woods and Goodyear, Buffalo, N.Y., of counsel), for defendants-appellees.

Before KEARSE, CARDAMONE and FRIEDMAN, Circuit Judges.


FRIEDMAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the Western District of New York (John T. Elfvin, Judge), dismissing, for lack of subject matter jurisdiction, a complaint by a former school teacher alleging that the termination of her employment by the appellee school board constituted discriminatory treatment on the basis of her sex, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"),...

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