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Show District Court Ruling Dismisses Suit on Sale of S. L. School board members the Board of Education Ed-ucation would not have the two-thirds two-thirds vote of total membership to sell the school. Judge Ellett said the weight of authority seems to be that a member of the public corporation may not contract with his employer. Board members had asked the judge to dismiss the case on grounds the plaintiff failed to bring another party, the United States Government, into the case. Judge Ellett ruled that the "United States is not a necessary party." A Third District Court decision this week dismissed asuit against Salt Lake City Board of Education Educa-tion challenging legality of the board's sale of Lafayette School as site of a new federal building. However, in dismissing the suit brought on behalf of Burton Bur-ton W. Musser, 1133 Harvard Ave., Judge A. H. Ellett left the door open for Mr. Musser to bring further action on the matter mat-ter through amendment of the original complaint. Mr. Musser's attorney, Elias Hansen, said after the ruling that "we certainly will amend the complaint and prosecute the action ac-tion further. Judge Ellett, in a memorandum decision ruling on, motion of several sev-eral Board of Education members to dismiss the complaint, noted that Mr. Musser had asked the court to hold void an option given Zions Securities Corp. by the school board. The judge noted, however, that Mr. Musser had not put up a bond to prevent further transactions trans-actions between Zions Securities Securi-ties and the School Board. During Dur-ing consideration of the suit the Board of Education has given Zions Securities a deed for the school, the decision said. " . . . the opinion is therefore of no importance as it is merged in the deed given. Further con- i a xi xi in 1 siaerauon oi me opuun win ue moot, Judge Ellett said in dismissing dis-missing the complaint. The judge said, however, Mr. Musser could amend the complaint com-plaint to attack the validity of the deed before the court. Judge Ellett also noted that at least three members of the Board of Education are employees of corporations, the stock of which is wholly owned by the head of the Church of Jesus Christ of Ltater-day Saints. Noting that without the vote of the three |