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LEE v. ROANOKE CITY BOARD OF EDUCATION

No. 72-1656.

466 F.2d 1378 (1972)

Anthony T. LEE et al., Plaintiffs, United States of America, Intervenor and Amicus Curiae, National Education Association, Inc., Intervenor-Appellant, v. ROANOKE CITY BOARD OF EDUCATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 28, 1972.

Attorney(s) appearing for the Case

Solomon S. Seay, Jr., Montgomery, Ala., for National Education Ass'n, Inc.

David L. Norman, Asst. U. S. Atty. Gen., Dept. of Justice, Civil Rights Div., Washington, D. C., Ira DeMent, U. S. Atty., Montgomery, Ala., for the United States.

Lewis H. Hammer, Jr., Roanoke, Ala., for Roanoke City Board of Education, and others.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

WISDOM, Circuit Judge:

This case involves the rights of a tenured teacher displaced from her job by the court-ordered closing of a black school. We hold that the teacher, Mrs. Attrie Henderson, was protected by Singleton v. Jackson Municipal Separate School District, 5 Cir. 1969, 419 F.2d 1211, and by the district court order from "demotion" to non-tenured status. Accordingly, the Roanoke City Board of Education may dismiss her only...

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