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EX PARTE DUNN

1051387.

962 So.2d 814 (2007)

Ex parte Marion DUNN. In re Board of School Commissioners of Mobile County v. Marion Dunn.

Supreme Court of Alabama.

January 5, 2007.

Attorney(s) appearing for the Case

Gregory B. Stein of Stein, Brewster & Pilcher, L.L.C., Mobile; and Sam Heldman of Gardner, Middlebrooks, Gibbons, Olsen & Walker, P.C., Washington, D.C., for petitioner.

Frank G. Taylor of The Atchison Firm, P.C., Mobile, for respondent.

David R. Boyd, Dorman Walker, and JoClaudia Moore of Balch & Bingham, LLP, Montgomery, for amicus curiae Alabama Association of School Boards, in support of the respondent.

WOODALL, Justice.

This case arises under the Teacher Tenure Act, § 16-24-1 et seq., Ala.Code 1975 ("the Act"). We reverse the judgment of the Court of Civil Appeals.

Section 16-24-8 provides the grounds for the cancellation of the employment contract of a tenured teacher:

"Cancellation of an employment contract with a teacher on continuing service status may be made for incompetency, insubordination, neglect of duty, immorality, failure to perform...

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