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TABORN v. HAMMONDS

No. 8714SC1070.

371 S.E.2d 736 (1988)

Leo TABORN v. Cleveland HAMMONDS, as Superintendent of the Durham City Schools and Durham City Board of Education.

Court of Appeals of North Carolina.

September 20, 1988.

Attorney(s) appearing for the Case

Glenn & Bentley, P.A. by Stewart W. Fisher, Durham, for plaintiff-appellant.

Spears, Barnes, Baker, Hoof & Wainio by Marshall T. Spears, Jr. and Gary M. Whaley, Durham for defendants-appellees.

ORR, Judge.

I.

Plaintiff's first argument is that the Board did not establish a justifiable decrease in the number of teaching positions because of decreased funding in the 1984-85 school year. We agree.

N.C.G.S. § 115C-325(e)(1) states:

No career teacher shall be dismissed or demoted ... except for one or more of the following: ..... 1. A justifiable decrease in the number of positions due to district reorganization...

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