DOLAN v. SCHOOL DIST. NO. 10, DEER LODGE CTY.

No. 80-435.

636 P.2d 825 (1981)

Mary DOLAN, Plaintiff and Respondent, v. SCHOOL DISTRICT NO. 10, DEER LODGE COUNTY, ANACONDA, Montana et al., Defendants and Appellants.

Supreme Court of Montana.

Decided November 12, 1981.

Rehearing Denied December 3, 1981.


Attorney(s) appearing for the Case

Radonich & Brolin, Anaconda, William A. Brolin, argued, Anaconda, for defendants and appellants.

John Albrecht, argued, Choteau, Mike Greely, Atty. Gen., Helena, for plaintiff and respondent.

Smith Law Firm, Helena, Chadwick H. Smith, argued, Helena, for amicus curiae.


MORRISON, Justice.

Appellant, School District No. 10 (hereafter School District), appeals from the findings of fact, conclusions of law and declaratory judgment entered by the Third Judicial District Court on July 16, 1980.

In 1971, the Montana Legislature enacted section 20-4-203, MCA, which provides that:

"Whenever a teacher has been elected by the offer and acceptance of a contract for the fourth consecutive year of employment by a district in...

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