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SMITH v. PLATI

No. 99-1375.

258 F.3d 1167 (2001)

Theodore M. SMITH, Plaintiff-Appellant, v. David PLATI, individually and in his official capacity as Assistant Athletic Director for Media Relations of the University of Colorado; The University of Colorado; and The Regents of the University of Colorado, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 30, 2001.

Attorney(s) appearing for the Case

David A. Lane, Miller, Lane, Kilmer & Griesen, Denver, Colorado, (Theodore M. Smith, pro se, on the briefs), for Plaintiff-Appellant.

Patrick T. O'Rourke, (Kevin J. Kuhn with him on the brief), of Montgomery, Little & McGrew, Englewood, Colorado, for Defendant-Appellee, David Plati in his individual capacity.

David P. Temple, Assistant University Counsel, (Joanne M. McDevitt, Associate Vice President/Senior Associate University Counsel; and Michael W. Schreiner, Senior Assistant University Counsel, with him on the brief), Office of University Counsel, Denver, Colorado, for Defendants-Appellees, the Regents of the University of Colorado and David Plati in his official capacity.

Before EBEL, McKAY and LUCERO, Circuit Judges.

EBEL, Circuit Judge.

Theodore Smith appeals the district court's dismissal of his claims against David Plati, the Assistant Athletic Director for Media Relations of the University of Colorado, the Regents of the University, and the University itself. In addition, Smith alleges that the district court erred when it ordered him to dismiss a parallel state court action raising virtually identical claims to those in his federal lawsuit. We AFFIRM the district court's...

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