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FELDEWERTH v. JOINT SCHOOL DISTRICT 28-J

No. 98CA2279.

3 P.3d 467 (1999)

James J. FELDEWERTH, II, Plaintiff-Appellee, v. JOINT SCHOOL DISTRICT 28-J OF the COUNTIES OF ADAMS AND ARAPAHOE, By and Through its Superintendent of Schools, David L. HARTENBACH, Ed.D., in his official capacity; The Board of Education of Joint School District 28-J of the Counties of Adams and Arapahoe, by and through Barbara Johnson, Patricia P. Lord, Larry L. Yates, Madolyn L. Paroske, John B. Richards, and Barbara Yamrick, all in their official capacity as the individual members of the Board of Education of Joint School District 28-J of the Counties of Adams and Arapahoe, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 6, 2000.

Certiorari Denied June 19, 2000.

Attorney(s) appearing for the Case

Holland, Kaplan and Pagliuca, P.C., Brian K. Holland, Denver, Colorado, for Plaintiff-Appellee.

Caplan and Earnest LLC, Alexander Halpern, Mark B. Wiletsky, Boulder, Colorado, for Defendants-Appellants.

Opinion by Judge CRISWELL.

In this C.R.C.P. 106(a)(4) proceeding, the defendant, Joint School District 28-J (district), appeals from the judgment of the district court that vacated the district's order dismissing plaintiff, James J. Feldewerth, II, as an assistant principal. We reverse and remand with directions to dismiss plaintiff's complaint.

The record that was made before the board of education (board) prior to plaintiff's termination, discloses that...

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