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STEIN v. BOARD OF CITY OF NEW YORK

No. 1237, Docket 86-7139.

792 F.2d 13 (1986)

Stuart STEIN, Plaintiff-Appellee, v. The BOARD OF the CITY OF NEW YORK, BUREAU OF PUPIL TRANSPORTATION, A.C.J. Transportation Corp., Anthony DiDomenico, and Leonard A. David, Defendants, Appeal of The BOARD OF EDUCATION OF the CITY OF NEW YORK, Leonard A. David, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 22, 1986.

Attorney(s) appearing for the Case

Fay S. Ng, Corp. Counsel of the City of New York (Frederick A.O. Schwartz, Jr., Corp. Counsel, Ellen B. Fishman, of counsel), New York City, for defendants-appellants Board of Educ. and Leonard David.

Paul A. Shneyer, Shneyer & Shen, P.C., New York City, for plaintiff-appellee Stuart Stein.

Before FEINBERG, Chief Judge, and KAUFMAN and OAKES, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

Stuart Stein was employed as a bus driver by A.C.J. Transportation, Inc. ("ACJ") from 1979 to 1982. The exclusive business of ACJ was to provide bus transportation for handicapped children as directed by the New York City Board of Education.

By the terms of his written contract with ACJ, Stein could not be discharged from his employment except for just cause. A written agreement between ACJ and the Board of Education, however...

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