Board of Education v. Licata

Defendant, a teacher in plaintiff’s school district, requested a leave of absence for the last two weeks of the 1974 school year in order to commence a period of military service from June 10, 1974 to September 6, 1974. Despite plaintiff’s denial of the request, defendant absented himself from his teaching responsibilities and reported to his temporary active duty station with the United States Marine Corps Reserves. Plaintiff appeals from an order denying its motion for summary judgment with respect to its first cause of action seeking declaratory relief.

Although the orders directing…