SEMMENS v. BOARD OF EDUCATION

No. 4-89-0284.

190 Ill. App.3d 174 (1989)

546 N.E.2d 746

RUTH SEMMENS et al., Indiv. and as representatives of a class of teachers employed at Central Elementary School, Lincoln Elementary School and Washington Elementary School, Plaintiffs-Appellants, v. BOARD OF EDUCATION OF PONTIAC COMMUNITY CONSOLIDATED SCHOOL DISTRICT NO. 429, LIVINGSTON COUNTY, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed October 31, 1989.


Attorney(s) appearing for the Case

Ralph H. Loewenstein, of Deffenbaugh, Loewenstein, Hagen, Oehlert & Smith, P.C., of Springfield, for appellants.

Allen D. Schwartz and Timothy A. Bridge, both of Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd., of Chicago, for appellee.


Reversed and remanded.

JUSTICE GREEN delivered the opinion of the court:

At all times pertinent in this case, section 24-9 of the School Code has stated:

"Teachers duty free lunch period. Every teacher in any school house where 2 or more teachers are employed whose duties require attendance at the school for 4 or more clock hours in any school day shall be entitled to and be allowed a duty free lunch period equal to the regular local school lunch...

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