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STATE EX REL. BALL v. McPHEE

6 Wis.2d 190 (1959)

STATE EX REL. BALL, Respondent, v. McPHEE, Director-Secretary, and another (Board of Regents of State Colleges), Appellants.

Supreme Court of Wisconsin.

February 3, 1959.

Attorney(s) appearing for the Case

For the appellants there were briefs by the Attorney General and Warren H. Resh, assistant attorney general, and oral argument by Mr. Resh.

For the respondent there was a brief by Aberg, Bell, Blake & Metzner of Madison, and Crawford, Crawford & Cirilli of Superior, and oral argument by Carroll Metzner and Arthur A. Cirilli.

A brief was filed by Goldberg, Previant & Cooper, attorneys, and David Leo Uelmen of counsel, all of Milwaukee, for the Wisconsin Federation of Teachers, as amici curiae.

A brief was also filed by Henry E. Butler, Jr., of Washington, D. C., legal counsel for the National Education Association, as amicus curiae.

CURRIE, J.

We are called upon in this case to consider important questions arising under the Teachers' Tenure Law, sec. 37.31 (1), Stats., applicable to faculties of the state colleges. This statute reads as follows:

"All teachers in any state college shall be employed on probation and after successful probation for four years, the employment shall be permanent, during efficiency and good behavior, provided...

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