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  5. 488 S.E.2d 34 (1997)
 

STATE v. PRESTON CTY. BD. OF EDUC.

No. 23536.

488 S.E.2d 34 (1997)

200 W.Va. 34

STATE of West Virginia ex rel. Nicholas P. SERDICH, Relator Below, Appellant, v. PRESTON COUNTY BOARD OF EDUCATION, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided May 30, 1997.

Rehearing Refused July 15, 1997.

Attorney(s) appearing for the Case

George R. Higinbotham, Fairmont, for Appellant.

Henrietta H. Hartman, Assistant Prosecuting Attorney, Kingwood, for Appellee.

MAYNARD, Justice:

The appellant in this proceeding, Nicholas P. Serdich, who was dismissed as a school teacher by the Preston County Board of Education, requested that the Circuit Court of Preston County issue a writ of mandamus to compel the Preston County Board of Education to place him in a position which he claimed was "open." He contended that he was entitled to such placement because of the provisions of W.Va.Code § 18A-4-7a which gives school teachers...

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