Idaho Ass'n of Public Dental Technicians Inc. v. Idaho Board of Dental Examiners ( 1976 )

BAKES, Justice

(dissenting).

The appeal should be dismissed.

The trial court, in ordering the dismissal of Count II of the plaintiff-appellants’ complaint did not indicate that it was directing the entry of a final judgment under Rule 54(b) upon less than all of the claims and that “. . . there is no just reason for delay . . in the entry of final judgment. Therefore, the order of dismissal of Count II of the complaint is not an appeal-able order. Southland Produce Company v. Belson, 96 Idaho 776, 536 P.2d 1126 (1975).

THOMAS, District Judge, concurs.