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SEGERMAN v. JONES

[No. 102, September Term, 1969.]

256 Md. 109 (1969)

259 A.2d 794

SEGERMAN v. JONES, INDIVIDUALLY, ETC.

Court of Appeals of Maryland.

Motion for rehearing filed January 6, 1970.

Withdrawn January 12, 1970.

Attorney(s) appearing for the Case

William H. Clarke for appellant.

Amicus Curiae briefs filed by Maryland State Teachers' Association, Inc. (Walter S. Levin, Donald Lee Noble and Sauerwein, Boyd & Decker, on the brief); Board of Education of Montgomery County (Robert S. Bourbon and Dunphy & Bourbon on the brief); and Montgomery County Education Association, Inc. (Victor L. Crawford on the brief).

Joseph Montedonico, with whom were Edward C. Donahue, William A. Ehrmantraut and James P. Gleason on the brief, for appellee.

The cause was argued before BARNES, McWILLIAMS, FINAN and SINGLEY, JJ., and CHARLES E. ORTH, JR., Associate Judge of the Court of Special Appeals, specially assigned.

Withdrawn by Counsel January 12, 1970.

SINGLEY, J., delivered the opinion of the Court.

In 1968, Mary Latane Jones was a member of Mrs. Rita Segerman's fourth grade class at the Rollingwood Elementary School in Montgomery County. On 10 January of that year, Mrs. Segerman left the classroom for a few minutes on school business1 while the class was engaged in a program of calisthenics. During the teacher's absence and while the exercises...

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