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POTTER v. MILLER

No. 10772.

399 P.2d 994 (1965)

Dorothy POTTER, Plaintiff and Appellant, v. Harriet MILLER, State Superintendent of Public Instruction, Defendant and Respondent.

Supreme Court of Montana.

Decided March 16, 1965.

Attorney(s) appearing for the Case

Erickson & Richards, Lief Erickson (argued), Helena, for appellant.

Forrest H. Anderson, Atty. Gen., Donald Garrity (argued), Helena, for respondent.

DOYLE, Justice.

This is an appeal from a judgment of dismissal of a petition seeking review of the action of the State Superintendent of Public Instruction, in sustaining an order of the County Superintendent of Schools of Broadwater County, entered in the district court of Lewis and Clark County, the motion having been made by the respondent.

On a motion to dismiss, it follows as a matter of law that the facts well...

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