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DATHE v. WILDROSE SCHOOL DISTRICT NO. 91

Civ. Nos. 8946, 8947.

217 N.W.2d 781 (1974)

Ralph DATHE, Plaintiff and Appellant, v. WILDROSE SCHOOL DISTRICT NO. 91, a public corporation, et al., Defendants and Appellees. Carol MING, Plaintiff and Appellant, v. WILDROSE SCHOOL DISTRICT NO. 91, a public corporation, et al., Defendants and Appellees.

Supreme Court of North Dakota.

April 30, 1974.

Attorney(s) appearing for the Case

Rausch & Chapman, Bismarck, for plaintiffs and appellants.

Rolfstad, Winkjer, Suess, McKennett & Kaiser, Williston, for defendants and appellees.

VOGEL, Judge.

These cases, which were consolidated for trial and for argument on appeal, involve the statutory construction of Section 15-47-38, N.D.C.C., prior to its 1973 amendment. The statute, in its pre-1973 version, is set out in full in Hennessy v. Grand Forks School District No. 1, 206 N.W.2d 876 (N.D.1973).

The application of this statute poses a conundrum for school boards and teachers alike. What is the meaning...

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