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Writ refused. On the facts found by the Court of Appeal we find no error of law in its judgment.
SANDERS, J., is of the opinion that a writ should be granted. See State ex rel. Charbonnet v. Jefferson Parish School Board, 249 La. 727, 190 So.2d 238 (writ action) .
SUMMERS, J., is of the opinion the writ should be granted. The School Board did not discharge DeBarge, they merely returned him to the position he occupied before and in which he had tenure. Since he was not discharged as a teacher, the tenure law was not violated. This decision unduly restricts the School Board in its conduct of the schools under its authority and for which that Board is responsible. See R.S. La.R.S. 17:441 et seq.
Document Info
Docket Number: No. 48932
Citation Numbers: 251 La. 386, 204 So. 2d 572, 1967 La. LEXIS 2301
Judges: Sanders, Summers
Filed Date: 12/11/1967
Precedential Status: Precedential
Modified Date: 11/9/2024