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BUCHWALD v. UNIVERSITY NEW MEX. SCHOOL OF MEDICINE

Nos. 96-2121, 96-2129.

159 F.3d 487 (1998)

Paula M. BUCHWALD, Plaintiff-Appellee, v. UNIVERSITY OF NEW MEXICO SCHOOL OF MEDICINE, University of New Mexico Board of Regents, University of New Mexico School of Medicine Committee on Admissions; Diane Klepper, M.D., individually and as Co-Chairperson, Committee on Admissions; Alonzo C. Atencio, Ph.D., individually and as Co-Chairperson, Committee on Admissions, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

October 20, 1998.

Attorney(s) appearing for the Case

Paul R. Ritzma (Paul M. Schneider on the briefs), New Mexico Legal Bureau/RMD, Santa Fe, NM, for Defendants — Appellants.

Christina J. Bruff, Law & Resource Planning Associates, Inc., Albuquerque, NM, for Plaintiff — Appellee.

Before BRISCOE, McKAY and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

The University of New Mexico School of Medicine ("UNMSM") has a stated policy that, all other things being equal, it will favor long-term residents over short-term residents in its admissions process. The district court first found this preference to violate "clearly established" law concerning the fundamental right to travel and therefore ruled that the individual defendants, Doctors Klepper and Atencio, were not entitled to qualified immunity...

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