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IN RE TERMINATION OF KIBBE

No. 24,858.

996 P.2d 419 (1999)

128 N.M. 629

2000-NMSC-006

In the Matter of the TERMINATION OF Dwayne KIBBE, a certified tenured teacher in the Elida School District. Dwayne Kibbe, Plaintiff-Appellant, v. Elida School District, Defendant-Appellee.

Supreme Court of New Mexico.

Rehearing Denied March 14, 2000.

Attorney(s) appearing for the Case

Doerr & Knudson, P.A., Randy Knudson, Portales, for Appellant.

Simons, Cuddy & Friedman, L.L.P., John F. Kennedy, Michele Marks, Santa Fe, for Appellee.

OPINION

SERNA, Justice.

{1} Dwayne Kibbe, a certified school teacher, appeals his termination from the Elida Public Schools. Kibbe contends that his termination violated provisions of the Criminal Offender Employment Act (COEA), NMSA 1978, §§ 28-2-1 to -6 (1974, as amended through 1985, prior to 1997 amendment); alternatively, Kibbe contends that his termination is not supported by substantial evidence and is arbitrary and capricious. We...

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