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FLICKINGER v. SCHOOL BD. OF CITY OF NORFOLK, VIRGINIA

Civ. A. No. 91-507-N.

799 F.Supp. 586 (1992)

Marian D. FLICKINGER, and Norfolk Federation of Teachers, affiliated with American Federation of Teachers, Local 4261, Plaintiffs, v. SCHOOL BOARD OF the CITY OF NORFOLK, VIRGINIA, and Gene R. Carter, Superintendent, Norfolk Public Schools, Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

July 24, 1992.

Attorney(s) appearing for the Case

Robert E. Paul, Zwerdling, Paul, Leibig, Kahn, Thompson & Driesen, P.C., Washington, D.C., for plaintiffs.

Harold P. Juren, Deputy City Atty., Office of City Atty., Norfolk, Va., for defendant School Bd. of City of Norfolk.

Conrad M. Shumadine, Willcox & Savage, P.C., Norfolk, Va., for defendant Gene R. Carter, Superintendent, Norfolk Public Schools.

OPINION

REBECCA BEACH SMITH, District Judge.

This case came before the court on a trial by jury. At the close of all the evidence, the court dismissed Defendant Gene R. Carter from the suit and, pursuant to Rule 50(a) of the Federal Rules of Civil Procedure, granted judgment as a matter of law to the remaining Defendant, the School Board of the City of Norfolk. The reasons for this decision as stated from the bench are now set forth in this Opinion.

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