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SIMMONS v. BIRMINGHAM BD. OF EDUC.

AV92000495.

641 So.2d 816 (1994)

John F. SIMMONS v. BIRMINGHAM BOARD OF EDUCATION; and Dr. Cleveland Hammonds, individually, and as superintendent.

Court of Civil Appeals of Alabama.

Rehearing Denied June 17, 1994.

Attorney(s) appearing for the Case

Jerome Tucker, Birmingham, for appellant.

Gaile Pugh Gratton, Morris Wade Richardson and Carey Bennett McRae, Birmingham, for appellees.

YATES, Judge.

John F. Simmons sued the Birmingham Board of Education in the Circuit Court of Jefferson County on November 6, 1991, seeking a declaratory judgment to determine whether his dismissal from his job as a custodial helper was proper. On January 15, 1993, the Board moved for summary judgment. The court held a hearing on March 4, 1993, and on March 22, 1993, it entered a summary judgment for the Board, upholding Simmons's termination. Simmons appeals.

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