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HOOD RIVER CTY. SCH. DIST. v. FOGLE

567 P.2d 1063 (1977)

30 Or.App. 699

HOOD RIVER COUNTY SCHOOL DISTRICT, Petitioner, v. Jimmie FOGLE, Respondent.

Court of Appeals of Oregon.

Decided August 22, 1977.

Opinion Withdrawn November 15, 1977.

Attorney(s) appearing for the Case

Kenneth M. Abraham, Hood River, argued the cause for petitioner. With him on the brief was Parker, Abraham & Bell, Hood River.

Robert D. Durham, Eugene, argued the cause for respondent. With him on the brief was Kulongoski, Heid, Durham & Drummonds, Eugene.

Before THORNTON, P.J., and TANZER and RICHARDSON, JJ.

TANZER, Judge.

Petitioner school district seeks review of an order of the Fair Dismissal Appeals Board setting aside the dismissal of a tenured teacher and directing her reinstatement in a teaching position within the district.

The dismissal of respondent was pursuant to ORS 342.865(1)(j), which provides:

"No permanent teacher shall be dismissed except for: "* * * "(j) Reduction in permanent teacher staff resulting from the district...

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