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SPENCE v. BD. OF EDUC. OF CHRISTINA SCHOOL DIST.

No. 86-5239.

806 F.2d 1198 (1986)

Catherine L. SPENCE v. BOARD OF EDUCATION OF the CHRISTINA SCHOOL DISTRICT; Board of Education of the New Castle County School District; George V. Kirk, individ., and Supt. & Sec. Board N.C.C. School Dist. and Christina School Dist; John R. McIntosh, individ. and Prin. Newark High School; James H. Sills, Jr., individ. and Pres. Board Ed. Christina School Dist.; Barbara T. Duncan, individ., and Vice-Pres. Board Ed. Christina School Dist.; Carole Ann Boyd, Alfred I. Daniel, Phillip W. Darby, George E. Evans, Georgia Wampler, individ. and members Board of Ed. Christina School Dist.; Mary DiVirgilio, individ. and Pres. Board of Ed. N.C.C. School Dist.; James H. Sills, Jr.; individ. and Vice-Pres. Board of Ed. N.C.C. School Dist.; William Clark, Earl J. Reed, Gilbert S. Scarborough, individ. and members N.D.C. School Dist. Appeal of Catherine L. SPENCE.

United States Court of Appeals, Third Circuit.

Decided December 5, 1986.

As Amended December 29, 1986.

Attorney(s) appearing for the Case

Gary W. Aber (argued), Heiman and Aber, Wilmington, Del., for appellant.

David H. Williams (argued), Barbara D. Crowell, Morris, James, Hitchens & Williams, Wilmington, Del., for appellees.

Before ADAMS, HIGGINBOTHAM and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

Plaintiff, Catherine Spence, was transferred from her position as an art teacher at Newark High School, in Newark, Delaware, to a position teaching elementary school art in June of 1981. Plaintiff filed a complaint under 42 U.S.C. § 1983 on April 27, 1982, alleging that the transfer was in retaliation for the exercise of her First Amendment rights of free speech and free association. A jury trial...

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