Appeal from Circuit Court, Marion County. Val D. Sloper, Judge.
George M. Joseph, Portland, argued the cause for appellant. With him on the briefs were Bemis, Breathouwer & Joseph, James A. Luebke and Ail & Luebke, Portland.
Al J. Laue, Assistant Attorney General, Salem, argued the cause for respondent Fair Dismissal Appeals Board. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.
Martin B. Vidgoff, Portland, argued the cause for respondent Multnomah County School District No. 1. With him on the brief were Miller, Anderson, Nash, Yerke & Wiener and Mark C. McClanahan, Portland.
Fort, Judge. Schwab, Chief Judge. Thornton, Judge, dissenting.
This case raises the identical question decided this day in School Dist. No. 48 v. Fair Dis. App. Bd. (Court of Appeals No. 2212), 14 Or App 35, 512 P2d 799 (1973), except that here petitioner's discharge by Multnomah County School District No. 1 was upheld by the Fair Dismissal Appeals Board. The petitioner here seeks review of the matter under ORS 34.010 to 34.100.
For the reasons set forth in School Dist. No. 48 v. Fair Dis. App. Bd., supra, we conclude the circuit court correctly allowed the motion to quash and dismissed the petition. Accordingly, we do not reach the remaining assignment of error.*fn1
THORNTON, J., dissenting.
For the reasons set forth in my dissenting opinion