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COULTER v. EUREKA COUNTY SCHOOL DISTRICT

No. 7881.

535 P.2d 797 (1975)

Donald H. COULTER and Esther L. Coulter, Appellants, v. EUREKA COUNTY SCHOOL DISTRICT, a political subdivision and a school board, et al., Respondents.

Supreme Court of Nevada.

May 30, 1975.

Attorney(s) appearing for the Case

J. Rayner Kjeldsen, Reno, for appellants.

Evans & Bilyeu, Elko, Thornton & Stephens and Phyllis Halsey Atkins, Reno, for respondents.

OPINION.

PER CURIAM:

This appeal from an order granting summary judgment is reversed for the same reasons we delineated in Kitchen Factors, Inc. v. Brown, 91 Nev. ___, 535 P.2d 677 (filed May 21, 1975). This case is remanded for trial on its merits. Cf. NRCP 56(c).

In accord with NRS 18.060, appellants will be allowed their costs on appeal, upon the proper filing of...

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