This section contains the nature of the case and procedural background.

Stewart (P) had tenure as a teacher but was terminated in 1974 by the Board (D). D claimed that P was excessively absent from work during the last five years. P protested the termination. The trial court upheld the termination, which was reversed and remanded and on remand, the trial court found that P was wrongfully terminate and that P should be reinstated at her salary level she would have attained and damages in the form of back pay and interest at 6 percent. It was discovered on remand that P did not try to mitigate her damages at all. D appealed.

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