Dimond v. State Ex Rel. State Board of Higher Education

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. MSU, a public university, is an entity under the control of the State of North Dakota, through the State Board of Higher Education (“Board”). On May 5, 1994, Dr.…