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FARGO EDU. ASS'N v. FARGO PUBLIC SCH. DIST. NO. 1

Civ. No. 9168-A.

291 N.W.2d 267 (1980)

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

Supreme Court of North Dakota.

Rehearing Denied April 21, 1980.

Attorney(s) appearing for the Case

Chapman & Chapman, Bismarck, for plaintiff and appellee; argued by Daniel J. Chapman, Bismarck.

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

PEDERSON, Justice.

This appeal by the School District from an amended judgment declaring certain items to be "proper subjects of negotiation" under Ch. 15-38.1, NDCC, is a sequel to Fargo Ed. Ass'n v. Paulsen, 239 N.W.2d 842 (N.D.1976).

In that previous case, the Association petitioned for a writ of mandamus (Ch. 32-34, NDCC) to compel the School District to negotiate the following items:

(1) Class size.<...

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