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GRAFF v. GLENNEN

No. 16866.

748 P.2d 511 (1988)

106 N.M. 668

James GRAFF, Plaintiff-Appellant, v. Robert E. GLENNEN, and the Board of Regents of Western New Mexico University, Defendants-Appellees.

Supreme Court of New Mexico.

January 19, 1988.

Attorney(s) appearing for the Case

J. Wayne Woodbury, Silver City, for plaintiff-appellant.

Shaffer, Butt, Thornton & Baehr, P.C., Karen C. Kennedy, Albuquerque, for defendants-appellees.

OPINION

WALTERS, Justice.

Plaintiff James Graff appeals the trial court's grant of summary judgment in favor of defendants on Graff's complaint for breach of employment contract and violation of civil rights.

Graff principally asserts that the trial court erred when it construed the University's motion to dismiss as a motion for summary judgment. When considering a 12(b)(6) motion to dismiss, however, if matters outside the pleadings are presented...

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