BERNASCONI v. TEMPE ELEMENTARY SCHOOL DIST. NO. 3

No. 75-2156.

548 F.2d 857 (1977)

Socorro Hernandez BERNASCONI, Appellant, v. TEMPE ELEMENTARY SCHOOL DISTRICT NO. 3, Kenneth J. Fuller, R. Craig Rover, William G. Payne, George M. Sanchez and James R. Phillips, Members, Tempe Elementary School District No. 3 Board of Trustees, in their official capacities, Ernest F. Bivins, in his capacity as Personnel Director, O. S. Fees, in his capacity as Superintendent of Schools, Andrew R. Avila, in his former capacity of Principal of Veda B. Frank School, Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 8, 1977.

As Amended April 14, 1977.


Attorney(s) appearing for the Case

Theodore C. Jarvi, Jerry Levine, Scottsdale, Ariz., argued, for appellant.

John E. Lundin, argued, Phoenix, Ariz., for appellees.

Jerry D. Anker, Lichtman, Abeles, Anker & Nagle, P. C., David Rubin, Washington, D. C., filed a brief amicus curiae for the National Education Ass'n.

Before ELY and WALLACE, Circuit Judges, and SOLOMON, District Judge.


OPINION

ELY, Circuit Judge:

Mrs. Bernasconi, a public school teacher and counselor, appeals from the trial court's denial of relief on her claim that she was illegally transferred from her position at a certain school because of her national origin and because she had engaged in constitutionally protected free speech.1 The District Court, sitting without a jury, dismissed the claims...

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