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KELLY v. BOARD OF ED. OF CENTRAL SCH. DIST. NO. 1

Civ. No. 74-491.

435 F.Supp. 904 (1977)

Raymond M. KELLY, Plaintiff, v. BOARD OF EDUCATION OF CENTRAL SCHOOL DISTRICT NO. 1 OF the TOWNS OF NIAGARA, WHEATFIELD, LEWISTON AND CAMBRIA, NIAGARA COUNTY and Ewald B. Nyquist, Commissioner of Education of the State of New York, Defendants.

United States District Court, W. D. New York.

August 19, 1977.

Attorney(s) appearing for the Case

Richard A. Grimm, Jr., Grimm & Grimm, Buffalo, N.Y., for plaintiff.

Richard C. Doherty, Runals, Broderick, Shoemaker, Rickert, Berrigan & Doherty, Niagara Falls, N.Y., for defendant Board of Ed.

Robert D. Stone, Albany, N.Y., Counsel & Deputy Comr. for Legal Affairs, State Ed. Dept., for defendant Nyquist; Judith M. Hecker, Albany, N.Y., of counsel.

MEMORANDUM and ORDER

ELFVIN, District Judge.

In this action the following proposed agreed statement of facts1 was filed:

"Plaintiff, RAYMOND M. KELLY, is a former tenured teacher of Defendant BOARD OF EDUCATION [Board of Education of Central School District No. 1 of the Towns of Niagara, Wheatfield, Lewiston and Cambria, Niagara County] employed by said Board for over ten years. On February 5, 1973, the Defendant filed...

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