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NATIONAL ED. ASS'N v. LEE COUNTY BD. OF PUBLIC INSTRUCTION

Civ. No. 68-15.

299 F.Supp. 834 (1969)

NATIONAL EDUCATION ASSOCIATION, Inc., a non-profit corporation chartered by the Congress of the United States, and the Florida Education Association, Inc., a non-profit corporation chartered under the Laws of the State of Florida, and George Williams, Margaret W. Heppe, Dorothy L. Hutchins, Etha May Oberlin, Patricia Ann Roguszka, Damon Selmore, Vincent L. Tata, Paul A. Acquisto and George H. Steele, individually and on behalf of all other persons similarly situated, Plaintiffs, v. LEE COUNTY BOARD OF PUBLIC INSTRUCTION and Gilbert Moore, Franklin C. Lott, Robert W. Anderson, Sidney Parnell and Morton Goldberg, individually and as members of the Lee County Board of Public Instruction, and Ray L. Williams, individually and as Superintendent of the Lee County public school system, Defendants.

United States District Court M. D. Florida, Ft. Myers Division.

May 13, 1969.

Attorney(s) appearing for the Case

Richard H. Frank, Frank & Grandoff, Tampa, Fla., Robert H. Chanin, Washington, D. C., Hershel Shanks, Allan I. Mendelsohn, Robert M. Perce, Jr., Glassie, Pewett, Beebe & Shanks, Washington, D. C., for plaintiffs.

Emmet B. Anderson, Anderson & Blair, Ft. Myers, Fla., Granville M. Alley, Jr., Tampa, Fla., for defendants.

OPINION

KRENTZMAN, District Judge.

This suit contests the legality of certain $100 fines paid by approximately 400 public school teachers in Lee County, Florida, following the educational crisis that gripped the entire state in February and March, 1968. The suit has been brought as a class action under Rule 23, F.R.Civ.P.1

There are three categories of plaintiffs. The first category, of whom seven are named as plaintiffs...

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