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KIFER v. SCHOOL DIST. NO. 394

No. 12511.

599 P.2d 302 (1979)

100 Idaho 41

Mervin KIFER, as general guardian of Mervin Kifer, Jr., a minor, Plaintiff-Appellant, v. SCHOOL DISTRICT NO. 394, Defendant-Respondent, Stephen Stanley and Phillip Stanley, Defendants.

Supreme Court of Idaho.

September 12, 1979.

Attorney(s) appearing for the Case

Jerrold E. Park, St. Maries, for plaintiff-appellant.

Phillip M. Barber of Elam, Burke, Jeppesen, Evans & Boyd, Boise, for defendant-respondent.

Before SHEPARD, C.J., McFADDEN, DONALDSON and BISTLINE, JJ., and SCOGGIN, J. Pro Tem.

PER CURIAM.

This appeal must be dismissed for noncompliance with I.R.C.P. 54(b). Only the defendant school district moved for and was granted summary judgment. The complaint named three defendants: the school district; the teacher, Stephen Stanley; and Phillip Stanley, the superintendent of the school district. Judgment of dismissal was entered only in favor of defendant school district. The necessary certification is not present in the appeal record, and hence this...

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