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HARDY v. BIRMINGHAM BD. OF EDUC.

No. 91-7046.

954 F.2d 1546 (1992)

Benjamin HARDY, Plaintiff-Appellant, Sarah Summerville, Plaintiff, v. BIRMINGHAM BOARD OF EDUCATION, Dr. T.L. Alexander, Mrs. Martha Gaskins, Dr. Robert Corley, Mrs. Ornie McAlpin, Mr. Hank Nelson, III, Dr. Cleveland Hammonds, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 5, 1992.

Attorney(s) appearing for the Case

Bredhoff & Kaiser, Andrew D. Roth and Robert H. Chanin, Washington, D.C., for plaintiff-appellant.

Lange, Simpson, Robinson & Somerville, Gaile Pugh Gratton, Thomas F. Campbell and Peyton Lacy, Jr., Birmingham, Ala., for defendants-appellees.

Before FAY and BIRCH, Circuit Judges, and KAUFMAN, Senior District Judge.

KAUFMAN, Senior District Judge.

Appellant, Benjamin Hardy (Hardy), was a tenured employee of the appellee, Birmingham Board of Education (Board), and worked as the head custodian at that appellee's Fairview School.1 On February 8, 1989, the Board sent Hardy a notice of proposed termination for "neglect of duty, failure to perform his duties in a satisfactory manner, and other good and just cause." At the time Hardy received the notice...

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