KOESTLER v. MISSISSIPPI COLLEGE

No. 98-CA-00037-COA.

749 So.2d 1122 (1999)

Marilyn E. KOESTLER, Appellant, v. MISSISSIPPI COLLEGE, Appellee.

Court of Appeals of Mississippi.

July 27, 1999.


Attorney(s) appearing for the Case

E. Michael Marks, John Stephen Barron, Jackson, Attorneys for Appellant.

Janet McMurtray, S. Kay Freeman, Jackson, Attorneys for Appellee.

BEFORE McMILLIN, C.J., DIAZ, AND LEE, JJ.


McMILLIN, C.J., for the Court:

¶ 1. Marilyn Koestler has appealed from a judgment dismissing her complaint against Mississippi College. The case was dismissed on Mississippi College's motion to dismiss for failure to state a claim upon which relief could be granted under Mississippi Rule of Civil Procedure 12(b)(6). Because of the procedural means in which the motion was handled, we conclude that the trial court's decision was, in fact, an order for summary judgment...

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