
    Mark WEBER, Plaintiff-Appellant, v. TWIN BRIDGES SCHOOL DISTRICT; Consolidated School District No. 7, Madison County; Dave Whitesell, individually and as Superintendent of Twin Bridges School, Defendants-Appellees.
    No. 08-36010.
    United States Court of Appeals, Ninth Circuit.
    Submitted Sept. 2, 2009.
    
    Filed Sept. 4, 2009.
    Patrick Thomas Gallagher, Esquire, Skakles & Gallagher, Michael David McLean, Esquire, McLean & McLean, PLLP, Anaconda, MT, for Plaintiff-Appellant.
    Elizabeth Kaleva, Kaleva Law Offices, Missoula, MT, for Defendants-Appellees.
    Before: HAWKINS, McKEOWN and BYBEE, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
    
   MEMORANDUM

Because the board of trustees never voted to terminate Weber, there was never a “decision to terminate” within the meaning of the statute, see Mont. Code Ann. § 20-4-204, and the duty to arbitrate was never triggered. Therefore, we reverse the district court’s summary judgment in favor of the defendants and remand.

REVERSED and REMANDED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
     