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FITZGERALD v. McFALL

Nos. 2007-CA-001403-MR, 2007-CA-001539-MR.

290 S.W.3d 666 (2009)

Kimberly FITZGERALD, Appellant, v. Mickey McFALL, In His Official Capacity as Superintendent of the Clinton County Public Schools; Board of Education of Clinton County, Kentucky; Kevin Noland, In His Official Capacity as Acting Chief State School Officer; and Michael Head, In His Official Capacity as Hearing Officer, Appellees. and Michael Head, In His Official Capacity as Hearing Officer and as an Assistant Attorney General, Appellant, v. Mickey McFall, In His Official Capacity as Superintendent of the Clinton County Public Schools; Board of Education of Clinton County, Kentucky; Kimberly Fitzgerald; and Kevin Noland, In His Official Capacity as Acting Chief State School Officer, Appellees.

Court of Appeals of Kentucky.

Ordered Published June 5, 2009.

Attorney(s) appearing for the Case

Michael A. Rains, Thomas E. Carroll, Monticello, KY, for appellant, Kimberly Fitzgerald.

Jack Conway, Attorney General of Kentucky, Tad Thomas, Assistant Deputy Attorney General, Frankfort, KY, for appellant, Michael Head, In His Official Capacity as Hearing Officer.

Robert L. Chenoweth, Grant R. Chenoweth, Frankfort, KY, for appellees, Mickey McFall, Superintendent of Clinton County Public Schools; and Board of Education of Clinton County, Kentucky.

Before DIXON and NICKELL, Judges; BUCKINGHAM, Senior Judge.

OPINION

DIXON, Judge.

In Case No.2007-CA-001403, Appellant, Kimberly Fitzgerald, appeals from an order of the Clinton Circuit Court reversing the decision of an Administrative Hearing Officer in this teacher termination action brought by Appellees, Mickey McFall, in his official capacity as Superintendent of the Clinton County Public Schools; and the Board of Education of Clinton County (Collectively "the School District"). The trial court remanded...

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