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MILNE v. SCHOOL COMMITTEE OF MANCHESTER

381 Mass. 581 (1980)

410 N.E.2d 1216

FORREST W. MILNE, THIRD, vs. SCHOOL COMMITTEE OF MANCHESTER.

Supreme Judicial Court of Massachusetts, Essex.

October 1, 1980.

Attorney(s) appearing for the Case

Ann Clarke for the plaintiff.

James A. Toomey for the defendant.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & ABRAMS, JJ.

WILKINS, J.

The defendant school committee concluded in March, 1979, that a reduction in the number of physical education teachers to be employed during the next school year was advisable due to an actual decrease in the number of pupils in the Manchester schools.1 The school committee, therefore, voted to dismiss the plaintiff, a tenured physical education teacher. The plaintiff had the least seniority of the physical education teachers...

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