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KUEMMERLEIN v. BD. OF EDUCATION OF MADISON METRO. SCHOOL DIST.

Nos. 89-1730, 89-1731.

894 F.2d 257 (1990)

Jon KUEMMERLEIN and Mary Kuemmerlein, Plaintiffs-Appellants, v. BOARD OF EDUCATION OF the MADISON METROPOLITAN SCHOOL DISTRICT, Donald A. Hafeman, Superintendent, Madison Metropolitan School District and E. James Travis, Superintendent, Madison Metropolitan School District, as successor in office to Donald A. Hafeman, Defendants-Appellees. David JOHNSON, Plaintiff-Appellant, v. BOARD OF EDUCATION OF the MADISON METROPOLITAN SCHOOL DISTRICT, Donald A. Hafeman, Superintendent, Madison Metropolitan School District and E. James Travis, Superintendent, Madison Metropolitan School District, as successor in office to Donald A. Hafeman, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 30, 1990.

Attorney(s) appearing for the Case

Keith R. Clifford, David D. Relles (argued), Clifford & Relles, Madison, Wis., for plaintiffs-appellants.

Clarence L. Sherrod (argued), Madison, Wis., for defendants-appellees.

Before WOOD, Jr. and POSNER, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

These two consolidated appeals, decided together by the trial court, present very similar facts and identical legal issues. Both plaintiffs have filed reverse discrimination claims under 42 U.S.C. § 1983 alleging the defendants unconstitutionally used race as a determinative factor in decisions about teacher layoffs. On the defendants' motions for summary judgment, the district court held that the plaintiffs' claims were time...

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