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MATTER OF JOHNSON

No. C6-91-1603.

481 N.W.2d 882 (1992)

In the Matter of the Placement of William JOHNSON on Unrequested Leave of Absence.

Court of Appeals of Minnesota.

Review Granted in Part May 15, 1992.

Attorney(s) appearing for the Case

Harley M. Ogata, Christina L. Clark, Roger L. Barrett, Minnesota Educ. Ass'n, St. Paul, for relator.

John M. Roszak, Ann R. Goering, Ratwik, Roszak, Bergstrom & Maloney, P.A., Minneapolis, for respondent.

Considered and decided by FORSBERG, P.J., and KLAPHAKE and DAVIES, JJ.

OPINION

DAVIES, Judge.

William Johnson, a teacher on unrequested leave of absence, asked reinstatement for the 1991-92 school year. The school district denied him reinstatement to a position that was being vacated, based on its determination that May 30, the last work day of the school year, constituted the "close of the school year," that his right to reinstatement ended that day, and that no position was then available. We reverse and remand.

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