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WALCH v. UNIVERSITY OF MONTANA

No. 85-527.

716 P.2d 640 (1986)

Richard WALCH, Petitioner and Appellant, v. UNIVERSITY OF MONTANA, Respondent and Respondent.

Supreme Court of Montana.

Decided April 17, 1986.

Attorney(s) appearing for the Case

Datsopoulos, MacDonald & Lind, Edward A. Murphy, Missoula, for petitioner and appellant.

Mary Elizabeth Kurz, U. of M. Legal Counsel, Missoula, Jayne Mitchell, Personnel Division-Dept. of Admin., Helena, for respondent and respondent.

TURNAGE, Chief Justice.

Richard Walch petitioned the District Court for the enforcement of an order of the Board of Personnel Appeals. The District Court dismissed his petition with prejudice for failure to state a claim for which relief can be granted. Walch appeals this dismissal.

The University of Montana (University) hired Walch in May, 1978, as a Maintenance Superintendent V, Grade 16. The University's Physical Plant was reorganized on January 19, 1982...

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