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DOWNING v. LeBRITTON

No. 76-1439.

550 F.2d 689 (1977)

Francis DOWNING, Plaintiff, Appellant, v. Francis LeBRITTON et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

March 4, 1977.

Attorney(s) appearing for the Case

Michael C. Moyers, Concord, N.H., with whom Cleveland, Waters & Bass, Concord, N.H., was on brief, for appellant.

Andrew D. Dunn, Manchester, N.H., with whom Devine, Millimet, Stahl & Branch, Manchester, N.H., was on brief, for appellees.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

Appellant, a mentally retarded adult, was hired, with the knowledge of his condition, by the University of New Hampshire as a groundskeeper. After working for several years, he was criticized for his work performance in November of 1975 and terminated in December.1 He thereupon, with the help of a fellow employee, invoked the first step of a five stage grievance and post-termination procedure by meeting with his immediate...

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