# Marshall County Board of Education v. State Tenure Commission

> Court of Civil Appeals of Alabama · March 21, 1973 · 50 Ala. App. 426

URL: https://www.frixlaw.com/law-library/cases/6528149

## Case

- **Full name:** The Marshall County Board of Education of Marshall County, Alabama v. State Tenure Commission for the State of Alabama.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** March 21, 1973
- **Citations:** 50 Ala. App. 426; 280 So. 2d 119; 1973 Ala. Civ. App. LEXIS 442
- **Precedential status:** Published
- **Opinion:** On rehearing by Holmes
- **Judges:** Holmes, Wright, Bradley
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6528149

## Opinion text

ON REHEARING
HOLMES, Judge.
The Marshall County Board of Education, in its application for rehearing and brief in support thereof, contends that in that portion of our opinion remanding this cause to the -circuit court with directions that the circuit court remand the cause to the Tenure Commission to- determine if the “status” of Arthur Baugh had been changed, we are in conflict with the decision, in this matter, of the supreme court.
Able counsel bases his contention on his belief that the supreme court, in its decision, *427 determined that a transfer in this instance did not change Arthur Baugh’s status. We do not agree.
The supreme court ruled in 291 Ala. 273 , 280 So.2d 114 (1973) that “status” applies to continuing service status and basic salary and not to the same position in another school. The supreme court did not determine whether or not Arthur Baugh’s basic salary is or would be the same after transfer nor has this court. This is a determination for the Tenure Commission or the parties themselves.
Opinion extended and application for rehearing denied.
WRIGHT, P. J., and BRADLEY, J., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6528149. Public record. Not legal advice.