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RIDPATH v. BOARD OF GOVERNORS MARSHALL UNIVERSITY

Nos. 04-1314, 04-1328.

447 F.3d 292 (2006)

B. David RIDPATH, Plaintiff-Appellee v. BOARD OF GOVERNORS MARSHALL UNIVERSITY; Dan Angel; F. Layton Cottrill; K. Edward Grose, Defendants-Appellants, and Bob Pruett; Richard Hilliard, Defendants. B. David Ridpath, Plaintiff-Appellee, v. Bob Pruett, Defendant-Appellant, and Board of Governors Marshall University; Dan Angel; F. Layton Cottrill; K. Edward Grose; Richard Hilliard, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided May 11, 2006.

Attorney(s) appearing for the Case

ARGUED: Charles R. Bailey, Bailey & Wyant, P.L.L.C., Charleston, West Virginia, for Appellants. Jason Eskwith Huber, Forman & Huber, L.C., Charleston, West Virginia, for Appellee. ON BRIEF: Cheryl L. Connelly, Edward M. Kowal, Jr., Campbell, Wood, Bagley, Emerson, McNeer & Herndon, Huntington, West Virginia, for Appellant Bob Pruett.

Before WIDENER and KING, Circuit Judges, and HENRY F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Dismissed in part and affirmed in part by published opinion. Judge KING wrote the opinion, in which Judge FLOYD joined. Judge WIDENER wrote a separate opinion concurring in part and dissenting in part.

OPINION

KING, Circuit Judge.

David Ridpath initiated this lawsuit in the Southern District of West Virginia in August 2003 against the Board of Governors of Marshall University; three of the University's administrators, Dan Angel, Layton Cottrill,...

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