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NUZUM v. BD. OF ED. OF SCH. D. OF ARNOLD

No. 86-053.

417 N.W.2d 779 (1988)

227 Neb. 387

Hershel NUZUM, Appellee, v. BOARD OF EDUCATION OF the SCHOOL DISTRICT OF ARNOLD, a Political Subdivision of the State of Nebraska, Appellant.

Supreme Court of Nebraska.

January 15, 1988.

Attorney(s) appearing for the Case

Philip M. Martin, Jr., of Paine, Huston, Higgins & Martin, Grand Island, for appellant.

Mark D. McGuire of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, for appellee.

Neal E. Stenberg, Lincoln, for amicus curiae Nebraska Ass'n of School Boards.

HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, and GRANT, JJ., and COLWELL, District Judge, Retired.

CAPORALE, Justice.

Defendant in error, Board of Education of the School District of Arnold, appeals the judgment of the district court reversing the board's decision not to renew its probationary contract of employment with plaintiff in error, Hershel Nuzum. The board's five assignments of error present two issues: (1) whether Nuzum resigned his position and, if not, (2) whether the board's decision was reached in accordance with law. We reverse the judgment of the...

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