MARCHANT v. HAMILTON

0012

279 S.C. 497 (1983)

309 S.E.2d 781

T. Eston MARCHANT, Adjutant General of South Carolina, Respondent, v. Fred P. HAMILTON, Max Wiggington, Jerry C. Lee, Harold E. Finley, Henry R. Kuemmerer, William Evatt, Jack Spearman, James Myers, Eugene Edney, and Roy Littleton, individually and as members of the Oconee County School Board of Trustees, Appellants.

Court of Appeals of South Carolina.

December 5, 1983.


Attorney(s) appearing for the Case

Kenneth L. Childs, Columbia, for appellants.

Atty. Gen. T. Travis Medlock, Retired Atty. Gen. Daniel R. McLeod and Sr. Asst. Atty. Gen. Richard B. Kale, Jr., Columbia, for respondent.


Dec. 5, 1983.

SANDERS, Chief Judge:

This is an action by the Adjutant General of South Carolina against the Oconee County School Board for declaratory judgment on the question of whether members of the National Guard who are also employees of the School Board are entitled to their full civilian pay while undergoing military training. The School Board maintained it is only obligated to pay the amount civilian pay exceeds military pay. The lower court ruled...

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