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This section contains the nature of the case and procedural background.

Suzanne and Charles Montgomery (Ps) are married teachers who work for the same public vocational school district. An anti-nepotism policy caused Suzanne to transfer to another school. That policy prevented married couples from working together as teachers on the same campus of the school system. That same policy does not apply to couples who are merely living together. There is no written statement of this policy in the policy manual, but everyone was in agreement that the policy existed and was enforced. Dr. Carr (D) was the CEO of the school system. The transfer that was forced upon Suzanne caused her to drive two extra hours per day and also resulted in psychiatric problems wherein she becomes totally overwhelmed, hysterical and incoherent and has been unable to work since 1994. Ps sued D in District Court alleging that the anti-nepotism policy violated their First Amendment associational rights to marry and Suzanne's Fifth Amendment property rights. D's motion for summary judgment was granted.

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