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McMILLEN v. U.S.D. NO. 380

No. 68,585

253 Kan. 259 (1993)

855 P.2d 896

DWIGHT E. McMILLEN, Appellant, v. U.S.D. No. 380, MARSHALL COUNTY, KANSAS, Appellee.

Supreme Court of Kansas.

Opinion filed June 16, 1993.

Attorney(s) appearing for the Case

David M. Schauner, of Topeka, argued the cause, and Jonathan M. Paretsky, of Topeka, was on the brief for appellant.

Fred W. Rausch, Jr., of Topeka, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

HOLMES, C.J.:

Plaintiff, Dwight E. McMillen, appeals from a district court order denying his petition for mandamus. The petition requested that the court order the defendant, Board of Education of U.S.D. No. 380, to continue payment of McMillen's salary pending the outcome of a due process hearing and any post-hearing appeals. This appeal is related to our recent decision in U.S.D. No. 380 v. McMillen,

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