Appler v. Mountain Pine School District

OPINION

JOHN E. MILLER, Senior District Judge (Sitting by Designation).

On May 4, 1972, plaintiff, Mary Appier, served and filed her motion for partial summary judgment of liability of defendant to plaintiff. The pleadings, admissions and affidavit of plaintiff attached to the motion show there is no genuine issue as to any material fact. The only question before the court is one of law. To fully present and consider the question, it seems necessary to briefly abstract the pleadings before setting forth the undisputed facts.

On September 9, 1971, plaintiff, Mary Appier, filed her complaint…