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OSBORN v. EMPORIUM VIDEOS

No. 92-141.

848 P.2d 237 (1993)

Richard B. OSBORN, Appellant (Plaintiff), v. EMPORIUM VIDEOS; Arthur Greer, Owner; and Ron Sullivan, Manager/Agent, Appellees (Defendants).

Supreme Court of Wyoming.

March 11, 1993.

Attorney(s) appearing for the Case

Richard B. Osborn, pro se.

No appearance representing appellees.

Before MACY, C.J., and THOMAS, CARDINE, URBIGKIT, and GOLDEN, JJ.

URBIGKIT, Justice.

Challenging the propriety of the sua sponte dismissal of a complaint for failure to state a claim upon which relief can be granted, Richard B. Osborn (Osborn) appeals the district court's order. We hold that the procedure used by the district court failed to provide adequate notice and opportunity to respond after the district court determined it would act on its own motion. We reverse and remand.

FACTS

Osborn filed his...

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