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WALTER v. INDEPENDENT SCHOOL DIST. NO. 457

No. 51825.

323 N.W.2d 37 (1982)

Rolf WALTER, Respondent, v. INDEPENDENT SCHOOL DISTRICT NO. 457, TRIMONT, Minnesota, Appellant.

Supreme Court of Minnesota.

August 20, 1982.

Attorney(s) appearing for the Case

Peterson, Popovich, Knutson & Flynn and James E. Knutson and Patricia A. Maloney, St. Paul, for appellant.

Oppenheimer, Wolff, Foster, Shepard & Donnelly and Mark S. Olson, St. Paul, for respondent.

Upon reargument, heard, considered and decided by the court en banc. Opinion of this court dated December 17, 1981, is hereby withdrawn.

AMDAHL, Chief Justice.

This is an appeal by Independent School District No. 457 from an order of the Martin County District Court declaring that the School District violated Minn.Stat. § 125.12, subd. 6b (1980) by failing to offer respondent Rolf Walter, a teacher who had been placed on unrequested leave of absence, a two-fifths teaching position that had become available.

Walter brought this action under the Uniform Declaratory Judgments Act, Minn. Stat...

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