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DIMOND v. STATE BD. OF HIGHER EDUC.

No. 990178.

603 N.W.2d 66 (1999)

1999 ND 228

Mark DIMOND, Plaintiff and Appellee, v. STATE of North Dakota, By and Through the STATE BOARD OF HIGHER EDUCATION, Defendant and Appellant.

Supreme Court of North Dakota.

December 3, 1999.

Attorney(s) appearing for the Case

Monte Lane Rogneby (argued), Special Assistant Attorney General, and John C. Kapsner, Special Assistant Attorney General, Bismarck, N.D., for defendant and appellant.

Paul Michael Probst, Minot, N.D., for plaintiff and appellee.

MARING, Justice.

[¶ 1] This appeal is taken from a partial judgment entered under N.D.R.Civ.P. 54(b). We conclude Rule 54(b) certification should not have been granted. We determine, however, this a proper case in which to exercise our supervisory powers and direct the trial court to dismiss this action.

I.

[¶ 2] Dr. Mark Dimond taught music at Minot State University ("MSU") as a tenured professor, specializing in keyboard instruction....

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