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WIDDER v. DURANGO SCHOOL DIST. NO. 9-R

No. 01CA1180.

60 P.3d 741 (2002)

Keith WIDDER, Plaintiff-Appellee, v. DURANGO SCHOOL DISTRICT NO. 9-R, a Colorado school district; and Board of Education of Durango School District No. 9-R, a Colorado school district board of education, Defendants-Appellants.

Colorado Court of Appeals, Div. V.

Rehearing Denied July 25, 2002.

Certiorari Granted January 13, 2003.

Attorney(s) appearing for the Case

Colorado Education Association, Charles F. Kaiser, Martha R. Houser, Gregory J. Lawler, Cathy L. Cooper, Sharyn E. Dreyer, Denver, Colorado, for Plaintiff-Appellee.

Semple, Miller & Mooney, P.C., Patrick B. Mooney, Wendy J. Shea, Denver, Colorado, for Defendants-Appellants.

Opinion by Judge MARQUEZ.

In this action in mandamus, defendants, Durango School District No. 9-R and the Board of Education of Durango School District No. 9-R, appeal the trial court's judgment granting plaintiff, Keith Widder, reinstatement and back pay. We vacate the judgment and remand with directions.

While employed as a custodian at a middle school in Durango, plaintiff witnessed a student being pushed by another student and decided to stop the incident...

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