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STONEKING v. BRADFORD AREA SCHOOL DIST.

No. 87-3637.

856 F.2d 594 (1988)

Kathleen STONEKING v. BRADFORD AREA SCHOOL DISTRICT, Frederick Smith, in his individual and official capacity as principal of the Bradford Area High School; Richard Miller, in his individual and official capacity as assistant principal of the Bradford Area High School; and Frederick Shuey, in his individual and official capacity as Superintendent of the Bradford Area School District. Appeal of Frederick SMITH, Richard Miller and Frederick Shuey.

United States Court of Appeals, Third Circuit.

Decided September 12, 1988.

Attorney(s) appearing for the Case

Kenneth D. Chestek (argued), Murphy, Taylor & Adams, P.C., James D. McDonald, McDonald Law Group, Erie Pa., for appellants.

Deborah W. Babcox (argued), Pecora, Duke & Babcox, Bradford, Pa., Wallace J. Knox, Sean J. McLaughlin, Knox Graham McLaughlin Gornall and Sennett, Inc., Erie, Pa., for appellee.

Before SLOVITER, STAPLETON, and MANSMANN, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Facts

This is an appeal by the individual defendants from the district court's order denying their motion for summary judgment on the grounds of qualified immunity in an action brought under 42 U.S.C. § 1983 (1982). We have jurisdiction of this appeal under 28 U.S.C. § 1291 (1982). See Mitchell v. Forsyth, 472 U.S. 511, 530, 105 S...

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