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GARGIUL v. TOMPKINS

No. 76-CV-233.

525 F.Supp. 795 (1981)

Lorraine GARGIUL, Plaintiff, v. Virgil E. TOMPKINS, Individually and as District Superintendent of Liverpool Central School District, James Johnson, Individually and as Acting Superintendent of Liverpool Central School District, Dennis Jones, Individually and as Coordinator of Personnel of Liverpool Central School District, Dr. Paul A. Day, Individually and as Chief Medical Inspector for the Liverpool Central School District, F. Robert Kolch, Individually and as Clerk of the Board of Education of the Liverpool Central School District, Arthur D. Little, Bruce C. Vojt, Emilio Chasse, Doris Ann Connor, David A. Files, Marie Hartwell, Richard J. Jayko, Toni Anne Morris, Lloyd J. Spafford, as Individuals and as Members of the Board of Education of the Liverpool Central School District, the Board of Education of the Liverpool Central School District, Liverpool, New York, and Arnold Dettor, as Hearing Officer appointed pursuant to the New York State Education Law, Defendants.

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

October 30, 1981.

Attorney(s) appearing for the Case

Bernard F. Ashe, Albany, N. Y., for plaintiff; Rocco A. Solimando, J. Michael Eadry, Albany, N. Y., of counsel.

O'Hara & O'Hara, Liverpool, N. Y., for defendants; Edward A. O'Hara, III, Liverpool, N. Y., of counsel.

MEMORANDUM-DECISION AND ORDER

MINER, District Judge.

I.

This civil rights action arises out of the dismissal of plaintiff, for insubordination and incompetency, from her position as a tenured school teacher in the Liverpool Central School District. Jurisdiction is founded upon the provisions of 28 U.S.C. secs. 1331 and 1343 and 42 U.S.C. sec. 1983. Before the Court is plaintiff's motion for partial summary judgment awarding "... all back salary...

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