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BROWN v. NORTH DAKOTA STATE UNIVERSITY

Civ. No. 10905.

372 N.W.2d 879 (1985)

Muriel BROWN, Plaintiff and Appellant, v. NORTH DAKOTA STATE UNIVERSITY, a public corporation, Defendant and Appellee.

Supreme Court of North Dakota.

August 15, 1985.

Attorney(s) appearing for the Case

Chapman & Chapman, Bismarck, for plaintiff and appellant; argued by Daniel J. Chapman, Bismarck.

Richard B. Crockett, Sp. Asst. Atty. Gen., Fargo (argued), and Rick D. Johnson, Asst. Atty. Gen., State Bd. of Higher Educ., Bismarck, for defendant and appellee.

MESCHKE, Justice.

Muriel Brown appeals from a summary judgment of the District Court of Cass County dismissing her action against North Dakota State University (NDSU). We reverse and remand for a trial on the merits.

Brown has been employed in a full-time teaching capacity at NDSU for ten years. During January 1984, Brown filed this declaratory judgment action alleging that NDSU, in refusing to grant tenure or consider Brown as a candidate for tenure, has...

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