Ed and Patricia A. Montgomery - Page 3




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          defendants).  Petitioner and the district had an employment                 
          contract under which petitioner was employed as superintendent of           
          the district.  After his employment was terminated prematurely              
          under the contract, petitioner filed a complaint setting forth              
          three causes of action, alleging (1) the defendants deprived                
          petitioner of his property interest in a written employment                 
          contract without due process in violation of the Fourteenth                 
          Amendment to the United States Constitution; (2) the defendants             
          conspired to deprive petitioner of his federally protected right            
          to due process in violation of 42 U.S.C. secs. 1983, 1985, and              
          1986; and (3) the defendants breached petitioner’s employment               
          contract, causing a loss of salary and various benefits.  The               
          complaint prayed for (1) lost wages, benefits, and compensatory             
          damages of $250,000; (2) punitive damages of $500,000; and (3)              
          costs and attorney’s fees.  The complaint alleged that                      
          petitioner’s contract had been breached, and his rights violated,           
          after a meeting of the school board on or about January 13, 1986.           
          Petitioner claimed that he had sustained a loss of salary and               
          benefits “in excess of $40,000 per year”, a loss of participation           
          in a retirement system, and a loss of living quarters.  He also             
          claimed that the breach of the contract resulted in a loss of               
          continued employment beyond the term of the contract, causing               
          losses of future wages in the amount of $150,000.  A copy of the            
          contract attached to the complaint stated that the contract’s               






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