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MOREY v. IND. SCHOOL DIST. NO. 492, AUSTIN

No. 46066.

244 N.W.2d 632 (1976)

Edith G. MOREY, Appellant, v. INDEPENDENT SCHOOL DISTRICT NO. 492, AUSTIN, Minnesota, et al., Respondents, Mrs. Edna Schrafel, Director of Independent School District No. 492, Austin, Minnesota, Respondent, Irwin T. Mickelson, Superintendent of Independent School District No. 492, Austin, Minnesota, Respondent, City of Austin, Defendant.

Supreme Court of Minnesota.

Rehearing Denied August 25, 1976.

Attorney(s) appearing for the Case

Connolly & Heffernan and John S. Connolly, St. Paul, for appellant.

Alderson, Catherwood, Ondov & Leonard and Raymond B. Ondov, Austin, for Morey.

Farrish, Johnson, Maschka & Hottinger and R. G. Johnson, Mankato, for Ind. Sch. Dist. 492.

Korstad & Olander and William B. Korstad, Minneapolis, for Mickelson.

Considered and decided by the court without oral argument.

PER CURIAM.

This action was commenced in March 1972 to recover damages for an alleged wrongful breach in 1970 of plaintiff teacher's contract. The action lay dormant until defendants moved for and obtained summary judgments in February 1974. Plaintiff's appeal to this court was dismissed for failure to perfect a timely appeal. Thereafter, plaintiff by motion before the district court pursuant to Rule 60.02, Rules of Civil Procedure, sought an order vacating the summary...

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