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LEE v. RAPID CITY AREA SCHOOL DIST. NO. 51-4

Nos. 90-5499, 90-5500.

981 F.2d 316 (1992)

Robert L. LEE, Appellee/Cross-Appellant, v. RAPID CITY AREA SCHOOL DISTRICT NO. 51-4, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 3, 1992.

Attorney(s) appearing for the Case

Thomas E. Simmons, Rapid City, SD, argued (Mark F. Marshall and Robert L. Lewis on the brief), for appellant.

Charles Rick Johnson, Gregory, SD, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, ROSS, Senior Circuit Judge, McMILLIAN, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges, En Banc.

JOHN R. GIBSON, Circuit Judge, with whom RICHARD S. ARNOLD, Chief Judge, ROSS, Senior Circuit Judge, McMILLIAN, FAGG, MAGILL, HANSEN and MORRIS SHEPPARD ARNOLD, Circuit Judges, join.

A panel of this court affirmed a judgment in favor of Robert L. Lee against the Rapid City Area School District No. 51-4 on a claim that Lee was constructively discharged from his job as a teacher because of his age. Lee v. Rapid City Area School District No. 51-4, No. 90-5499...

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