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JOSLYN v. PROFESSIONAL REALTY

No. 5337.

622 P.2d 1369 (1981)

Joseph I. JOSLYN and Janice E. Joslyn, Appellants (Plaintiffs), v. PROFESSIONAL REALTY, a Wyoming Corporation, Jean Koski, George O. Pasco and Connie D. Pasco, Appellees (Defendants).

Supreme Court of Wyoming.

January 28, 1981.

Attorney(s) appearing for the Case

Earl R. Johnson, Jr., Casper, for appellants (plaintiffs).

Donn J. McCall, Brown, Drew, Apostolos, Massey & Sullivan, Casper, for appellees (defendants), Professional Realty and Jean Koski.

John C. Brooks, Vlastos & Reeves, Casper, for appellees (defendants), Pasco.

Before ROSE, C.J., and McCLINTOCK, THOMAS, RAPER and ROONEY, JJ.

ROONEY, Justice.

Appellants-plaintiffs appeal from an order granting appellees-defendants a summary judgment after treating a motion to dismiss as a motion for summary judgment. Appellants word the issues on appeal as follows:

"1. Can the Court convert a Motion to Dismiss to a Motion for Summary Judgment without notifying the respondent of the change in proceedings and without allowing the respondents an opportunity to oppose the motion as required by the...

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