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FANNING v. CITY OF LARAMIE

No. 3348

402 P.2d 460 (1965)

Bertha M. FANNING, Administratrix of the Estate of Michael John Fanning, Deceased, Appellant (Plaintiff below), v. CITY OF LARAMIE, Wyoming, a municipal corporation, Appellee (Defendant below), and Glen B. Simpson and Bertha Branch, (Defendants below).

Supreme Court of Wyoming.

May 18, 1965.

Attorney(s) appearing for the Case

Pence & Millett and Alfred M. Pence, Laramie, for appellant.

John E. Stanfield, of Smith & Stanfield, Thomas S. Smith, Laramie, for appellee.

Before PARKER, C.J., and HARNSBERGER and McINTYRE, JJ.

Mr. Justice HARNSBERGER delivered the opinion of the court.

This appeal is from summary judgment rendered in favor of the defendant-City upon its motion supported by affidavits and exhibits, to dismiss plaintiff's amended complaint. However, neither the motion, the affidavits, nor the exhibits challenged or controverted any allegation of plaintiff's amended complaint. They showed only that plaintiff had not taken an appeal from the rejection by the City of her claim...

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