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CLARKE v. BD. OF ED. OF SCH. DIST. OF OMAHA

No. 44537.

338 N.W.2d 272 (1983)

215 Neb. 250

James CLARKE, Appellee, v. The BOARD OF EDUCATION OF the SCHOOL DISTRICT OF OMAHA, IN the COUNTY OF DOUGLAS, IN the STATE OF NEBRASKA, a political subdivision of the State of Nebraska, Appellant.

Supreme Court of Nebraska.

September 2, 1983.

Attorney(s) appearing for the Case

David M. Pedersen of Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, for appellant.

Theodore L. Kessner of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, McCOWN, WHITE, HASTINGS, and SHANAHAN, JJ.

KRIVOSHA, Chief Justice.

Appellant, Board of Education of the School District of Omaha (Board), a Class V school district, appeals from an order entered by the District Court for Douglas County, Nebraska, reversing the action of the Board in terminating the employment of one of its permanent teachers, James Clarke. In determining the propriety of the Board's action in terminating Clarke, we must determine whether the act of a teacher calling black students in a racially...

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