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HEIN v. BOARD OF EDUCATION, U.S.D. NO. 238

No. 56,803

10 Kan. App. 2d 303 (1985)

698 P.2d 388

JEROME HEIN, Plaintiff-Appellee, v. BOARD OF EDUCATION, UNIFIED SCHOOL DISTRICT No. 238, SMITH COUNTY, KANSAS, Defendant-Appellant.

Court of Appeals of Kansas.

Opinion filed April 18, 1985.

Attorney(s) appearing for the Case

Lowell F. Hahn, of Hahn and Hahn, of Phillipsburg, for appellant.

David M. Schauner, of Topeka, for appellee.

Before MEYER, P.J., BRISCOE, J. and CORWIN C. SPENCER, J. Retired, Assigned.

Petition for review denied 237 Kan. 886.

MEYER, J.:

This is a declaratory judgment action in a teacher nonrenewal case. The school board appeals from the trial court's order granting summary judgment in favor of plaintiff Jerome Hein, thereby awarding the teacher reinstatement and damages.

At issue in this appeal are the due process provisions of the Teacher Tenure Law, K.S.A. 72-5436 et seq. Specifically, under the Teacher Tenure Law, an individual...

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