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SELLAND v. FARGO PUB. SCH. DIST. NO. 1

Civ. No. 9528-A.

285 N.W.2d 567 (1979)

Cynthia SELLAND, Plaintiff and Appellant, v. FARGO PUBLIC SCHOOL DISTRICT NO. 1, a public corporation, Defendant and Appellee.

Supreme Court of North Dakota.

Rehearing Denied November 28, 1979.

Attorney(s) appearing for the Case

Chapman & Chapman, Bismarck, for plaintiff and appellant; appearances by Daniel J. Chapman and Charles L. Chapman, Bismarck, argued by Charles L. Chapman, Bismarck.

Tenneson, Serkland, Lundberg, Erickson, Leclerc & Marcil, Fargo, for defendant and appellee; argued by Jack G. Marcil, Fargo.

ERICKSTAD, Chief Justice.

This is an appeal from a judgment entered on January 31, 1979, in Cass County District Court, denying the plaintiff's writ of mandamus or damages in lieu thereof. We reverse and remand.

The facts are not in dispute. Cynthia Selland has been a school teacher in the Fargo Public School System, in the City of Fargo, North Dakota, since 1952. She was employed by the Fargo Public School District No. 1 [hereinafter referred to as the Board...

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