Francis C. Plano v. Clifford W. Baker, Individually and as Supervising Principal of the Westmoreland Central School District
Court of Appeals for the Second Circuit
1Opinion of the Court
J. JOSEPH SMITH, Circuit Judge:
Francis C. Plano appeals from an order of the United States District Court for the Northern District of New York, James T. Foley, Chief Judge, granting appellees’ motions to dismiss and denying appellant’s motion for a temporary restraining order and preliminary injunction. Appellant, a probationary teacher in the Westmoreland Central School System, Westmoreland, New York, instituted an action pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1343(3) alleging that he was discharged from his position during the 1973-74 school term for activity protected by the First…
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