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SHEREK v. INDEPENDENT SCHOOL DIST. NO. 699, GILBERT

No. C8-88-1284.

449 N.W.2d 434 (1990)

Donald P. SHEREK, Appellant, v. INDEPENDENT SCHOOL DISTRICT NO. 699, GILBERT, Minnesota, Respondent, and Thomas Beste, Laurance Kleven, and David Kriska, rule 19 defendants, Respondents.

Supreme Court of Minnesota.

January 5, 1990.

Attorney(s) appearing for the Case

Richard L. Kaspari, Garber & Kaspari, St. Louis Park, for appellant.

Scott C. Neff, Neff & Lager, Virginia, for School Dist. # 699.

Brad P. Engdahl, Robins, Kaplan, Miller & Ciresi, Minneapolis, for rule 19 defendant Kleven.

Don L. Bye, Duluth, for rule 19 defendant Beste.

Heard, considered, and decided by the court en banc.

KEITH, Justice.

Appellant Donald P. Sherek appeals the decision of the court of appeals which held that under Minn.Stat. § 122.541, subd. 5 (1988) and Minn.Stat. § 125.12, subd. 6b (1988), Sherek was not entitled to reinstatement from unrequested leave of absence to a teaching position in Independent School District No. 699. The court of appeals affirmed the trial court's conclusion that the rights of defendants...

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