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JEFFERSON COUNTY SCHOOL D. 509-J v. FDAB

88-6; CA A60800; SC S37373.

812 P.2d 1384 (1991)

JEFFERSON COUNTY SCHOOL District No. 509-J, Respondent On Review, v. FAIR DISMISSAL APPEALS BOARD, Respondent below, and Carol Kari, Petitioner On Review.

Supreme Court of Oregon.

Decided May 30, 1991.

Attorney(s) appearing for the Case

Robert Durham, Portland, argued the cause for petitioner on review. On the petition were Barbara J. Diamond, Mark S. Toledo, Margaret S. Olney, and Bennett & Durham, Portland.

Nancy J. Hungerford, Oregon City, argued the cause and filed the response for respondent on review.

Before PETERSON, C.J., and CARSON, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ.

VAN HOOMISSEN, Justice.

This case involves judicial review of the dismissal of a school teacher. The issues before this court are: (1) whether the Court of Appeals, in its review of an order of the Fair Dismissal Appeals Board (FDAB), exceeded its statutory scope of review under the Oregon Administrative Procedures Act; (2) whether that court correctly interpreted the term "neglect of duty" as it is used in the Fair Dismissal Law; and (3) whether that court correctly...

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