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ZOLLINGER v. FREAR

574 P.2d 680 (1978)

32 Or.App. 385

Charles W. ZOLLINGER, Respondent, v. Samuel T. FREAR, Jonathan West, Charles Burrows, Donna Kernutt, Frank Nearing, Barbara West, As Members of the Board of Directors of School District No. 4J, Lane County, School District No. 4J, a School District within the State of Oregon, and Thomas Payzant, As Clerk and Superintendent of School District No. 4J, Lane County, Appellants, and Ruth Shepherd, Defendant. C. Wayne Flynn, Respondent, v. SAMUEL T. FREAR, Jonathan West, Charles Burrows, Donna Kernutt, Frank Nearing, Barbara West, As Members of the Board of Directors of School District No. 4J, Lane County, School District No. 4J, a School District within the State of Oregon, and Thomas Payzant, As Clerk and Superintendent of School District No. 4J, Lane County, Appellants, and Ruth Shepherd, Defendant. R. Clifford Moffitt, Respondent, v. Samuel T. FREAR, Jonathan West, Charles Burrows, Donna Kernutt, Frank Nearing, Barbara West, As Members of the Board of Directors of School District No. 4J, Lane County, School District No. 4J, a School District within the State of Oregon, and Thomas Payzant, As Clerk and Superintendent of School District No. 4J, Lane County, Appellants, and Ruth Shepherd, Defendant.

Court of Appeals of Oregon.

Decided February 7, 1978.

Attorney(s) appearing for the Case

Bruce E. Smith, Eugene, argued the cause for appellants. With him on the briefs were Orlando John Hollis and Young, Horn, Cass & Scott, Eugene.

Arthur C. Johnson, Eugene, argued the cause for respondents. With him on the brief were R. Scott Palmer, Stanton F. Long and Johnson, Harrang & Mercer, Eugene.

Darst B. Atherly, George A. Burgott and Thwing, Atherly & Butler, Eugene, filed a brief amicus curiae for the Nat. Ass'n of Secondary School Principals.

Edward C. Harms, Jr., and Harms & Harold, Springfield, filed a brief amicus curiae for Oregon School Boards Ass'n.

Before SCHWAB, C.J., and THORNTON and JOHNSON, JJ.

THORNTON, Judge.

In this mandamus proceeding defendants appeal from an order of the circuit court directing a peremptory writ of mandamus to issue commanding defendants to rescind the transfer of plaintiffs to junior high school principal positions and to reinstate plaintiffs as senior high school principals.

The question which is presented in this proceeding is whether the plaintiffs were transferred to lower paying...

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