CLARK v. STATE, DEPT. OF HEALTH & WELFARE

No. 24928.

5 P.3d 988 (2000)

134 Idaho 527

Robin CLARK, Robert Bruce Doss and Bryan M. Johnson, Plaintiffs-Appellants, v. The STATE of Idaho, DEPARTMENT OF HEALTH AND WELFARE, Defendant-Respondent, and Daniel S. Dike aka Daniel Scott Bohdan Omelan Dytchkowskyj, in his individual capacity; and Dia Gainor, in her individual capacity; and Richard H. Schulz, in his individual capacity; and Linda L. Caballero, in her representative capacity as Director of Idaho Department of Health and Welfare and her successors, Defendants.

Supreme Court of Idaho, Boise, January 2000 Term.

Rehearing Denied July 21, 2000.


Attorney(s) appearing for the Case

Garry L. Gilman, Boise, and William B. Latta, Boise, for appellants.

Hon. Alan G. Lance, Attorney General, Boise, for respondents. Ronald D. Christian argued.


SUBSTITUTE OPINION THE COURT'S PRIOR OPINION DATED APRIL 11, 2000 IS HEREBY WITHDRAWN

KIDWELL, Justice.

This appeal results from the district court's determination that even if the State of Idaho breached an employment understanding with the plaintiffs, the plaintiffs have no legal recourse because they were probationary state employees. We affirm the district court on different grounds.

I.

FACTS AND PROCEDURAL HISTORY

Robin Clark...

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