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MARSH v. FLINT BD. OF EDUC.

Civ. A. No. 80-CV-40349-FL.

708 F.Supp. 821 (1989)

Stuart MARSH, Plaintiff, v. FLINT BOARD OF EDUCATION, et al., Defendants.

United States District Court, E.D. Michigan, S.D.

February 16, 1989.

Attorney(s) appearing for the Case

C. Rees Dean, Flint, Mich., for Board of Educ. of City of Flint and Leo Macksood.

Thomas A. Baird, Foster, Swift, Collins & Coey, Lansing, Mich., for United Teachers of Flint, Inc., Harold Keim and Lane Hotchkiss.

Richard J. Drew, Flint, Mich., Constance E. Brooks, Mountain States Legal Foundation, Denver, Colo., for Stuart Marsh.

PROLOGUE

NEWBLATT, District Judge.

Occasionally a judge has the opportunity to deal twice with exactly the same question. The first time the Court was bound to interpret and follow specific precedent of the Court of Appeals for the Sixth Circuit as there was no contrary Supreme Court precedent. Feeling bound, the first Opinion expressed the Court's misgivings concerning the outcome compelled by following that...

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