WARE v. UNIFIED SCHOOL DIST. NO. 492

No. 86-1081.

902 F.2d 815 (1990)

Norma J. WARE, Plaintiff-Appellant, v. UNIFIED SCHOOL DISTRICT NO. 492, BUTLER COUNTY, STATE OF KANSAS; Board of Education, Unified School District No. 492, Butler County, State of Kansas, and Larry L. Geil, Superintendent of Schools, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 7, 1990.


Attorney(s) appearing for the Case

Philip A. Hamm of El Dorado, Kan., and Robert E. Hough, Jr. of Hough & Hough, P.A., Fort Smith, Ark., for plaintiff-appellant.

Mary Kathleen Babcock and Timothy B. Mustaine of Foulston, Siefkin, Wichita, Kan., for defendant-appellee, Unified School Dist. No. 492.

Daniel J. Sevart of Sevart & Sevart, Wichita, Kan., for defendant-appellee, Larry L. Geil.

Before McKAY, BARRETT, and SEYMOUR, Circuit Judges.


SEYMOUR, Circuit Judge.

In Ware v. Unified School Dist. No. 492, 881 F.2d 906 (10th Cir.1989), we reversed a directed verdict in favor of the school board on Ware's claim that she was discharged in violation of her First Amendment rights. The school board filed a petition for rehearing alleging that under Kansas law the board rather than Superintendent Geil was the final decisionmaker with respect to Ware's employment, and...

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