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ABERNATHY v. BOARD OF EDUC., COMMUNITY HIGH SCH. DIST. #218

No. 1-91-1629.

611 N.E.2d 1022 (1992)

242 Ill. App.3d 1013

183 Ill.Dec. 374

Diana ABERNATHY, Petitioner-Appellee, v. BOARD OF EDUCATION OF COMMUNITY HIGH SCHOOL DISTRICT No. 218, COOK COUNTY, Illinois, Respondent-Appellant.

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied April 22, 1993.

Attorney(s) appearing for the Case

Klein, Thorpe & Jenkins, Arthur C. Thorpe and James P. Bartley, Chicago, for respondent-appellant.

Deffenbaugh, Loewenstein, Hagen, Gehlert & Smith, P.C., Allen J. Oehlert, Springfield, for petitioner-appellee.

Justice CERDA delivered the opinion of the court:

Respondent, Board of Education of Community High School District No. 218, Cook County, Illinois, appeals from the entry of summary judgment in favor of petitioner, Diana Abernathy, who filed a petition for writ of mandamus alleging that she was a tenured teacher when her teaching contract was not renewed. Respondent argues on appeal that: (1) petitioner did not hold a position that required its holder to be...

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