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NE. ED. INTER. UNIT NO. 19 v. STEPHENS

No. 1449 C.D. 1985.

98 Pa.Commw. 127 (1986)

510 A.2d 1267

Northeastern Educational Intermediate Unit No. 19, Appellant v. Donald K. Stephens, Appellee.

Commonwealth Court of Pennsylvania.

June 12, 1986.

Attorney(s) appearing for the Case

James A. Kelly, for appellant.

Michael Brodie, Freedman and Lorry, P.C., for appellee.

Lynne L. Wilson, for amicus curiae, Pennsylvania State Education Association.

Louis B. Kushner, with him, Ronald G. Backer, for amicus curiae, Pennsylvania Federation of Teachers.

John J. Dunn, Sr., Dunn & Byrne, for amicus curiae, The American Legion, Department of Pennsylvania.

Oliver N. Hormell, Judge Advocate, for amicus curiae, Department of Pennsylvania, Veterans of Foreign Wars.

Argued November 14, 1985, before Judges MacPHAIL and DOYLE, and Senior Judge BARBIERI, sitting as a panel of three. Reargued February 5, 1986, before President Judge CRUMLISH, JR., and Judges ROGERS, CRAIG, DOYLE, BARRY, COLINS and PALLADINO.

OPINION BY JUDGE DOYLE, June 12, 1986:

This is an appeal by the Northeastern Educational Intermediate Unit No. 19 (NEIU) from an order of the Court of Common Pleas of Lackawanna County reversing the decision of the Board of Directors (Board) of NEIU and directing that Donald K. Stephens (Appellee), a veteran of the Korean conflict, be reinstated to his teaching position without diminution of his seniority rights...

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