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HUDSON v. INDEPENDENT SCH. DIST. NO. 77

No. 47153.

258 N.W.2d 594 (1977)

Margaret HUDSON, Appellant, v. INDEPENDENT SCHOOL DISTRICT NO. 77, a. k. a. Mankato Public Schools, Respondent.

Supreme Court of Minnesota.

September 16, 1977.

Attorney(s) appearing for the Case

Oppenheimer, Wolff, Foster, Shepard & Donnelly and Craig W. Gagnon, St. Paul, for appellant.

McLean, Peterson, Sullivan & Haugh and E. D. McLean, Mankato, for respondent.

Heard before ROGOSHESKE, MacLAUGHLIN, and PLUNKETT, JJ., and considered and decided by the court en banc.

ROGOSHESKE, Justice.

The issue raised on this appeal by plaintiff teacher is whether tenure rights of a public school teacher, assured by the continuing-contract provision of Minn.St. 125.12, are applicable to a substitute teacher who replaces tenured teachers on leaves of absence for a continuous period of more than one school year. The trial court, in declaratory judgment proceedings, held that Minn.St. 123.35, subd. 5, authorizing the hiring of substitute teachers...

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