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FRATUS v. MARION COMMUNITY SCHOOLS BD. OF TRUSTEES

No. 27S02-0005-CV-295.

749 N.E.2d 40 (2001)

Teresa FRATUS, Sharon A. Wilson, and Wilma B. Higdon, Appellants-Plaintiffs, v. MARION COMMUNITY SCHOOLS BOARD OF TRUSTEES, and Marion Teachers Association, Appellees-Defendants.

Supreme Court of Indiana.

June 6, 2001.

Attorney(s) appearing for the Case

Brenda Franklin Rodeheffer, Monday, Rodeheffer Jones & Albright, Indianapolis, Indiana, Attorney for Appellants.

Michael J. Kiley, Craig R. Persinger, Kiley, Kiley Harker, Michael & Certain, Marion, Indiana, Attorneys for Appellee Marion Community Schools Board of Trustees.

Richard J. Darko, Eric M. Hylton, Lowe Gray Steele & Darko, LLP, Indianapolis, Indiana, Attorneys for Appellee Marion Teachers Association.

Karen M. Freeman-Wilson, Attorney General of Indiana, Jon Laramore, Deputy Attorney General, Indianapolis, Indiana, Attorneys for Amicus Curiae.

ON PETITION TO TRANSFER

RUCKER, Justice.

In a two-count complaint three former teachers sued their union and their school board over a dispute concerning a reduction in retirement benefits. The complaint alleged that the union breached its duty of fair representation and that the school board breached the terms of a collective bargaining agreement. On grounds that the teachers failed to exhaust their administrative...

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