PECK v. UPSHUR COUNTY BD. OF EDUC.

Civil Action No. 2:95-CV-21.

941 F.Supp. 1478 (1996)

Mary Pat PECK, Jeannie O'Halloran, Thomas Lynch, Grace Glaser Lynch, and James Lockhart, Plaintiffs, v. UPSHUR COUNTY BOARD OF EDUCATION and Dr. Richard G. Hoover, Defendants.

United States District Court, N.D. West Virginia.

October 24, 1996.


Attorney(s) appearing for the Case

Allan N. Karlin, Morgantown, WV, Robert M. Bastress, Morgantown, WV, for Plaintiffs.

Michael D. Lorensen, Bowles, Rice, McDavid, Graff & Love, Martinsburg, WV, Dean L. Whitford, David R. Melton, Charlottesville, VA, for Defendants Upshur County Board of Education and Lynn E. Westfall.


ORDER

KEELEY, District Judge.

Pursuant to Fed.R.Civ.P. 62(c), the plaintiffs have moved to restore the preliminary injunction vacated by the Court in its Memorandum Opinion and Order entered on September 30, 1996. On October 10, 1996, after full briefing of the motion and oral argument on the issues raised, the Court GRANTED-IN-PART and DENIED-IN-PART the motion for the following reasons.

I. PROCEDURAL BACKGROUND

As discussed...

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