Walter v. Board of Education
442 N.E.2d 870, 93 Ill.2d 101, IL.0001301(1982)
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- 4,00 kr
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- 4,00 kr
Publisher Description
On February 28, 1978, the plaintiff, Rosemarie S. Walter, brought this action for a writ of mandamus asking for reinstatement of her tenured teaching position with defendant, the board of education of Quincy School District No. 172, and asking for damages in the nature of back pay from the time of her dismissal. The circuit court of Adams County entered judgment for the defendant board of education. Notice of appeal was filed on August 20, 1980, but before the appellate court could hear the case, the plaintiff died in an automobile accident. The executor of plaintiff's estate filed a suggestion of death and motion for substitution of parties with the appellate court. A divided appellate court denied the motion, finding that the plaintiff's mandamus action abated with the plaintiff's death. 95 Ill. App.3d 313.