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ROGERS v. JOHNSON

No. 46398.

326 So.2d 185 (1976)

Luther R. ROGERS, Superintendent of the Brevard County Public School System and the School Board of Brevard County, Florida, Appellants, v. Leah JOHNSON, Appellee.

Supreme Court of Florida.

January 21, 1976.

Attorney(s) appearing for the Case

William C. Walker, Jr., Titusville, for appellants.

Richard H. Frank, John J. Chamblee, Jr., and Stanley E. Marable of the Law Offices of Richard H. Frank, Tampa, for appellee.

Charles E. Miner, Jr., and John D. Carlson, Tallahassee, for Florida State Board of Education, amicus curiae.

ROBERTS, Justice.

We here review by certiorari an interlocutory order passing upon the constitutionality of a state statute.1

Suit was instituted below for the purpose of regaining a teaching position and compensation of the plaintiff, respondent herein. An examination of the file in this cause reveals, and the parties concede, that the teacher is back in her position and payment of her back salary has been made. To that end and...

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