STATE, EX REL. FRANCU, v. WINDHAM BD. OF EDN.

No. 85-1612.

25 Ohio St. 3d 351 (1986)

THE STATE, EX REL. FRANCU, APPELLEE, v. WINDHAM EXEMPTED VILLAGE SCHOOL DISTRICT BD. OF EDN., APPELLANT.

Supreme Court of Ohio.

Decided August 13, 1986.


Attorney(s) appearing for the Case

Green, Schiavoni, Murphy, Haines & Sgambati Co., L.P.A., and Ronald G. Macala, for appellee.

Henderson, Covington, Stein, Donchess & Messenger, James L. Messenger and Christopher J. Newman, for appellant.


Per Curiam.

Appellant first argues that it was improper for the court of appeals to grant appellee's motion for summary judgment when a genuine issue of fact existed as to whether appellee had avoided service of notice of his non-renewal. The issue was timely raised as an affirmative defense in appellant's answer and evidence on this issue was presented by appellant.

However, even appellant's version of the facts of this case is very similar to the...

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