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BERGERSON v. SALEM-KEIZER SCHOOL DIST.

(FDA-02-2; CA A118518; SC S51711).

144 P.3d 918 (2006)

341 Or. 401

Karin BERGERSON, Petitioner on Review, v. SALEM-KEIZER SCHOOL DISTRICT, Respondent on Review.

Supreme Court of Oregon.

Decided September 28, 2006.

Attorney(s) appearing for the Case

Thomas K. Doyle, Bennett, Hartman, Morris & Kaplan LLP, Portland, argued the cause for petitioner on review. With him on the brief was Aruna A. Masih.

Nancy J. Hungerford, The Hungerford Law Firm, Oregon City, argued the cause for respondent on review. With her on the brief was Jennifer L. Hungerford.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ, and BALMER, Justices.

CARSON, J.

The decision of the Court of Appeals is affirmed. The order of the Fair Dismissal Appeals Board is reversed, and the case is remanded to the Fair Dismissal Appeals Board for further proceedings.

The issues in this administrative law case are whether the Fair Dismissal Appeals Board (FDAB) correctly interpreted and applied the terms "unreasonable" and "clearly an excessive remedy" as they are used in ORS 342.905 and whether the Court of Appeals applied...

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