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SWISHER v. DARDEN

No. 5942.

287 P.2d 73 (1955)

59 N.M. 511

Mary Alice SWISHER and I.S. Swisher, Relators-Appellees, v. W.B. DARDEN, Rupert Chisholm, Wilford Cothern, Mrs. J.O. Bridges and Edward E. Triviz, comprising the Board of Education of the Las Cruces School District No. 2, and the Board of Education of the Las Cruces School District No. 2, Respondents-Appellants.

Supreme Court of New Mexico.

August 17, 1955.

Attorney(s) appearing for the Case

J.D. Weir, L.J. Maveety, Las Cruces, for appellants.

T.K. Campbell, Las Cruces, for appellees.

COMPTON, Chief Justice.

This is an action in mandamus instituted by appellees to compel appellants to issue a teaching contract to appellee Mary Alice Swisher, a teacher with tenure in the Las Cruces Union High School System. In their return to the Writ, respondents defend their action on the ground that the Booker T. Washington School in which she had been teaching had been discontinued as an economy measure and that there was no other position or assignment available...

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