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  5. 645 N.W.2d 240 (2002)
 

COUNCIL OF HIGHER EDUC. v. BD. OF REGENTS

Nos. 21932, 21938.

645 N.W.2d 240 (2002)

2002 SD 55

COUNCIL OF HIGHER EDUCATION, Petitioner and Appellee, v. SOUTH DAKOTA BOARD OF REGENTS, Respondent and Appellant.

Supreme Court of South Dakota.

Decided May 8, 2002.

Attorney(s) appearing for the Case

Anne Plooster of Council of Higher Education-Special Schools, Pierre, South Dakota, Attorney for petitioner and appellee.

James F. Shekleton of South Dakota Board of Regents, Pierre, South Dakota, Attorney for respondent and appellant.

Thomas H. Harmon of Tieszen Law Office, Pierre, South Dakota, Attorneys for amicus curiae Associated School Boards of South Dakota.

KERN, Circuit Judge.

[¶ 1.] The Council of Higher Education Special Schools (COHE) and the South Dakota Board of Regents (BOR) were involved in teacher employment negotiations in 1999 and unable to come to an agreement. As a result, COHE declared an impasse and BOR imposed its final offer, which more than doubled the damages recoverable in the liquidated damages clause of the contract. COHE then filed a complaint with the Department of Labor (Department) alleging...

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