Schaller v. Board of Education of Elmwood Local School District

OPINION AND ORDER

DON J. YOUNG, District Judge:

This cause came to be heard upon motion of plaintiff for summary judgment. Rule 56, Fed.R.Civ.P. Defendant has not responded to the motion, although a pre-trial memorandum essentially sets forth the position of the defendant. The parties have supplied the Court with stipulations of fact, and the affidavit of plaintiff, which together provide the basis necessary for the Court’s findings contained herein. The Court finds that there are no genuine issues of fact yet in dispute in this case.

I. THE FACTS

Defendant is the governing body of the Elmwood…