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YANZICK v. SCHOOL DIST. NO. 23, ETC.

No. 80-394.

641 P.2d 431 (1982)

Tim YANZICK, Petitioner and Respondent, v. SCHOOL DISTRICT NO. 23, LAKE COUNTY MONTANA et al., Appellants and Respondents.

Supreme Court of Montana.

Decided February 1, 1982.

Attorney(s) appearing for the Case

Garlington, Lohn & Robinson, Missoula, Sherman V. Lohn argued, Missoula, Boone, Karlberg & Haddon, Missoula, Sam Haddon argued, Missoula, Richard P. Heinz, County Atty., Polson, for appellants and respondents.

Datsopoulos, MacDonald & Lind, Missoula, Christopher Swartley argued, Missoula, for petitioner and respondent.

Smith Law Firm, Helena, Chadwick Smith argued, Mt. School Boards Assoc., Helena, John Larson argued, Superintendent of Public Instruction, Helena, Emilie Loring argued, Montana Education Association, Great Falls, for amicus curiae.

WEBER, Justice.

This is an appeal from the judgment of the District Court of the First Judicial District, Lewis and Clark County, dated August 22, 1980, under the Administrative Procedure Act. The District Court found for Tim Yanzick, a tenured school teacher, reversing the decision of the State Superintendent of Public Instruction. The Superintendent of Public Instruction had affirmed the decision of the Lake County Superintendent of Schools, who had affirmed the...

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