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CARBON CTY. SCH. D. NO. 2 v. WYO. STATE HOSP.

No. 83-179.

680 P.2d 773 (1984)

CARBON COUNTY SCHOOL DISTRICT NO. 2, Appellant (Plaintiff), v. The WYOMING STATE HOSPITAL, Dr. William N. Karn, Jr., Superintendent of the Wyoming State Hospital, and Members of the Staff of the Wyoming State Hospital, herein referred to as John Doe and Jane Doe, Appellees (Defendants).

Supreme Court of Wyoming.

May 2, 1984.

Attorney(s) appearing for the Case

George E. Powers, Jr., of Godfrey & Sundahl, Cheyenne, for appellant.

A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., and Allen C. Johnson, Sr. Asst. Atty. Gen., for appellees.

Before ROONEY, C.J., and THOMAS, ROSE, BROWN and CARDINE, JJ.

ROONEY, Chief Justice.

This appeal is from an order dismissing the complaint of appellant under Rule 12(b)(6), W.R.C.P., for failure to state a claim upon which relief could be granted inasmuch as appellant school district did not have standing to sue appellee state agency for a tort or to sue its agents for a tort committed while they were acting in the scope of their employment.

We affirm.

For the purposes of acting on a motion to dismiss under Rule...

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