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RAY v. BIRMINGHAM CITY BD. OF EDUC.

No. 86-7742.

845 F.2d 281 (1988)

Constance RAY, Plaintiff-Appellee, v. BIRMINGHAM CITY BOARD OF EDUCATION; Dr. Walter Harris, President of the Birmingham Board of Education, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 17, 1988.

Attorney(s) appearing for the Case

Peyton Lacy, Jr., Lange, Simpson, Robinson & Somerville, Gaile M. Pugh, Birmingham, Ala., for defendants-appellants.

Richard A. Meelheim, Beddow, Fullan & Vowell, Birmingham, Ala., for plaintiff-appellee.

Before RONEY, Chief Judge, HATCHETT, Circuit Judge, and HAND, Chief District Judge.

RONEY, Chief Judge:

Defendant, Birmingham City Board of Education ("Board"), appeals an order granting plaintiff's motion for summary judgment on her Section 1983 procedural due process claim for termination of her employment as a school principal. Relying on an Alabama court decision that would indicate plaintiff had been improperly terminated under state law, the district court applied the doctrine of offensive collateral estoppel, and held that the defendant was...

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