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McKENNEY v. ANSELMO

No. 9501.

398 P.2d 226 (1965)

Dennis McKENNEY, Plaintiff-Appellant, v. Harold ANSELMO and Barbara J. Anselmo, husband and wife, Defendants-Respondents.

Supreme Court of Idaho.

January 12, 1965.

Attorney(s) appearing for the Case

McNaughton & Sanderson, Coeur d'Alene, for appellant.

Bandelin & Cogswell, Sandpoint, for respondents.

McFADDEN, Justice.

This is an appeal from an order of the trial court sustaining respondents' motion to dismiss appellant's complaint for failure to state a "cause of action upon which relief can be granted." The order of the district court recited:

"IT IS HEREBY ORDERED That the Complaint of the plaintiff be dismissed on the ground that the same does not state a cause of action upon which relief can be granted....

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