Gallup v. Superintendent of Public Instruction

This is an appeal from an order of the district court, Lewis and Clark County, granting defendant’s motion to dismiss with prejudice.

Several issues are presented by plaintiff Grant R. Gallup, but we find the controlling issue to be whether his rights and remedies in this matter were foreclosed by his failure to timely pursue proper legal remedies in the district court from a decision of the state superintendent affirming the termination of his tenure.

Gallup in 1973 was a tenured teacher of School District No. 9, Glacier County, Montana, having taught there for 9 years. In September 1973, the…