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ROWLEY v. BOARD OF ED. OF DUCHESNE, ETC.

No. 15087.

576 P.2d 865 (1978)

Edward M. ROWLEY, Plaintiff and Appellant, v. BOARD OF EDUCATION OF DUCHESNE COUNTY SCHOOL DISTRICT, Defendant and Respondent.

Supreme Court of Utah.

March 7, 1978.

Attorney(s) appearing for the Case

George E. Mangan, Roosevelt, for plaintiff and appellant.

Oscar W. McConkie, Jr., Ray R. Christensen, Salt Lake City, for defendant and respondent.

HALL, Justice:

Plaintiff appeals from a summary judgment of dismissal of his suit challenging the procedures followed in declining to renew his teaching contract. He asserts the court erred in granting summary judgment in the face of factual issues that warranted a trial.

Defendant's motion was entitled "motion to dismiss," however, in accordance with the rules,1 the court treated it as a motion for summary judgment since both...

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