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

Odorizzi (P) was a teacher under contract to teach elementary school with Bloomfield (D). P was arrested for homosexual activities and resigned the next day. In July, the criminal charges were dismissed, and D refused to reinstate P. P alleged that the resignation was invalid because it was obtained by fraud, duress, mistake, and undue influence and given at a time when he lacked capacity to make a valid contract. P claimed that immediately after his arrest, the superintendent of D and the principal of the school had come immediately to his apartment and told him that if he did not resign immediately, D would suspend him and publicize the proceedings and if he did resign they would not publicize the incident or jeopardize his employment chances elsewhere. D claimed that they were trying to help P and had his best interests at heart. They also said that there was no time to consult an attorney P claimed that D overcame his free will and substituted theirs in its place. D demurred to the complaint. The trial court dismissed the complaint because the alleged facts were insufficient to state a cause of action. P appealed.

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