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WHITE v. UNIVERSITY OF IDAHO

No. 17292.

768 P.2d 827 (1989)

115 Idaho 564

Kenneth F. WHITE and Carol S. White, husband and wife, Plaintiffs-Appellants, v. The UNIVERSITY OF IDAHO and Richard Neher, Defendants-Respondents.

Court of Appeals of Idaho.

February 3, 1989.

Attorney(s) appearing for the Case

L. Kim McDonald, Nampa and Harry M. Philo (argued), Detroit, Mich., for plaintiffs-appellants.

Richard Stubbs of Quane, Smith, Howard & Hull, Boise, for defendant-respondent, University of Idaho.

Bobbie K. Dominick of Elam, Burke & Boyd, Boise, for defendant-respondent, Richard Neher.

PER CURIAM.

Carol and Kenneth White brought this action on a tort claim against the University of Idaho and Professor Richard Neher, alleging that the professor had caused injuries to Carol White. The district court granted the University's motion for summary judgment holding that, under the Idaho Tort Claims Act, a governmental entity has no liability "for any claim which ... [a]rises out of ... battery" committed by an...

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