267 A.2d 374 (Me. 1970), Rodway v. Wiswall

Citation267 A.2d 374
Opinion JudgeWEBBER,
Party NameFrank C. RODWAY v. Frank L. WISWALL et al.
AttorneyHerbert A. Crommett, Portland, Morton A. Glazer, Boston, Mass., for plaintiff. Verrill, Dana, Philbrick, Whitehouse & Putnam, by Roger A. Putnam, and Howard H. Dana, Jr., Portland, for defendants.
Judge PanelBefore WEBBER, MARDEN, DUFRESNE, and WEATHERBEE, JJ.
Case DateJune 29, 1970
CourtSupreme Judicial Court of Maine

Page 374

267 A.2d 374 (Me. 1970)

Frank C. RODWAY

v.

Frank L. WISWALL et al.

Supreme Judicial Court of Maine.

June 29, 1970

Herbert A. Crommett, Portland, Morton A. Glazer, Boston, Mass., for plaintiff.

Verrill, Dana, Philbrick, Whitehouse & Putnam, by Roger A. Putnam, and Howard H. Dana, Jr., Portland, for defendants.

Before WEBBER, MARDEN, DUFRESNE, and WEATHERBEE, JJ.

WEBBER, Justice.

Plaintiff appeals from a decision below dismissing his complaint for failure to state a claim against the defendants upon which relief can be granted. M.R.C.P., Rule 12(b)(6).

For our purposes the allegations of the complaint may be paraphrased and summarized as follows: On January 4, 1964 plaintiff was by contract employed by the 12 member Board of Trustees of the Maine Maritime Academy of the State of Maine to serve as Superintendent of the Academy for one year at a stated salary. The three named defendants were then and continued to be duly appointed and qualified members of the Board. Plaintiff performed the duties of his office until on April 21, 1964 he was notified by the Board that his services were terminated forthwith. The complaint avers that the defendants 'did, individually and among themselves, intentionally, unlawfully and maliciously induce, persuade and coerce through malicious means of interference, intimidation, and by false and malicious reports and accusations concerning the plaintiff, directly and indirectly, a termination' of his employment. There follow allegations of damages. The second count is like unto the first except that there is added a charge of conspiracy to do the acts described.

The Justice below properly examined the complaint in the light of several legislative enactments which are pertinent. The Academy was first created by the Legislature as the Maine Nautical Training School by P. & S. L., 1941, Ch. 37. The Board of Trustees which originally numbered

Page 375

nine was placed in control of the 'affairs of the school' and was specifically empowered to 'appoint and remove necessary instructors and other employees.' The name was changed to 'Maine Maritime Academy' by P. & S. L., 1943, Ch. 102. By P. & S. L., 1947, Ch. 24 the Academy was 'declared to be a public agency of the State of Maine for the purposes for which it was established.' By P. & S. L., 1949, Ch. 39 the number of trustees was increased from 9 to 12. All trustees are...

To continue reading

Request your trial