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PROKSA v. STATE SCHOOLS FOR DEAF AND BLIND

No. CV-02-0388-CQ.

74 P.3d 939 (2003)

205 Ariz. 627

Kenneth J. PROKSA and Dennis P. Russell, Plaintiffs, v. ARIZONA STATE SCHOOLS FOR THE DEAF AND THE BLIND, a state created school and public corporation; State of Arizona, a body politic and state government; Marcia Smith, Joanne Tripi, Jane N. Erin, Gail Harris, James A. Whitehill, and Thomas J. Posedly, each officially as a member of the Board of Directors of ASDB and individually; and Kenneth D. Randall, officially as the Superintendent of ASDB and individually; John Does 1-10; Jane Does 1-10; ABC Proprietor Ships and Partnerships 1-10; and XYZ Limited Liability Companies and Corporations 1-10, Defendants.

Supreme Court of Arizona, En Banc.

August 21, 2003.

Attorney(s) appearing for the Case

Lawrence E. Condit, Tucson, Attorney for Plaintiffs.

Terry Goddard, Arizona Attorney General, by Michael K. Goodwin, Assistant Attorney General, Employment Law Section, Phoenix, Attorneys for Defendants.

OPINION

HURWITZ, Justice.

¶ 1 Kenneth Proksa and Dennis Russell were long-time employees of the Arizona State Schools for the Deaf and Blind (the "Schools"). After their employment was terminated in 2002, Proksa and Russell filed suit in superior court against the Schools, the State of Arizona, and others, alleging that they had been wrongfully terminated. Defendants removed the suit to federal court.

¶ 2 On November 18, 2002, United States...

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