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BIRRER v. WHEATLAND COUNTY SCHOOL DIST.

No. 89-401.

786 P.2d 1161 (1990)

Michael BIRRER, Petitioner and Appellant, v. TRUSTEES, WHEATLAND COUNTY SCHOOL DISTRICT NO. 15, and Nancy Keenan, Superintendent of Public Instruction, Respondents and Respondents.

Supreme Court of Montana.

Decided February 6, 1990.

Attorney(s) appearing for the Case

Emilie Loring, Hilley & Loring, Missoula, for petitioner and appellant.

Chadwick Smith, Smith Law Firm, Beda J. Lovitt, Office of Public Instruction, Helena, for respondents and respondents.

SHEEHY, Justice.

In this case, we affirm the termination of a tenured teacher by the Wheatland County School District No. 16, not on the grounds of "substantial compliance" with the applicable termination statute, but upon the grounds that there was an unrefuted necessity for a reduction in force by the School District and because the procedure used by the Board in termination did not offend the purposes of the termination procedure statute (§ 20-4-204, MCA)...

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