Legal Opinion · Dissent

Downing v. Independent School District No. 9

Supreme Court of Minnesota

Decided March 29, 1940No. 32,385Published

1Dissent

Stone, Loring, and Peterson, Justices

(dissenting).

We cannot agree with the views expressed in the foregoing opinion.

The resolution of the school board, quoted in the majority opinion, is unambiguous and definite. It does not need any construction, for its meaning is clear. The discharge of the teachers and assistant superintendent is final. It is expressly stated:

“It being the intent of the said school board that.all teachers and other employees coming within the provisions of Chapter 161 of the Laws of Minnesota for 1937, be discharged so that all such contracts will terminate at the close…

2Cases cited4 opinions

  1. Berg v. BergSupreme Court of Minnesota · 1937
  2. Benson v. BensonSupreme Court of Minnesota · 1923
  3. Martin v. RothwellWest Virginia Supreme Court · 1918
  4. Long v. DisqueSupreme Court of Minnesota · 1940

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