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BIRK v. BOARD OF EDUCATION OF FLORA COMMUNITY UNIT SCH. DIST.

No. 5-83-0347.

120 Ill. App.3d 181 (1983)

457 N.E.2d 1065

PAUL F. BIRK, Petitioner-Appellant, v. BOARD OF EDUCATION OF FLORA COMMUNITY UNIT SCHOOL DISTRICT NO. 35, CLAY COUNTY, Respondent-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed December 14, 1983.

Attorney(s) appearing for the Case

Drach and Deffenbaugh, P.C., of Springfield, for appellant.

Robbins, Schwartz, Nicholas, Lifton and Taylor, Ltd., of Decatur (John T. Taylor, of counsel), for appellee.

Reversed and remanded.

JUSTICE KARNS delivered the opinion of the court:

Paul F. Birk, a tenured teacher, appeals from the dismissal by the circuit court of Clay County of his petition for a writ of mandamus directing the Board of Education of Flora Community Unit School District No. 35 (the Board) to reinstate him as a guidance counselor on a 10-month contract.

During the 1981-82 school year the Flora, Illinois High school had two guidance...

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