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SAUNDERS v. VIRGINIA POLYTECHNIC INSTITUTE

No. 13903.

417 F.2d 1127 (1969)

Thomas J. SAUNDERS, Appellant, v. The VIRGINIA POLYTECHNIC INSTITUTE, as represented by T. Marshall Hahn, Jr., President of Virginia Polytechnic Institute, James W. Dean, Vice-President of Virginia Student Affairs, Polytechnic Institute, M. P. Lacy, Dean of Admissions of Virginia Polytechnic Institute, Leslie F. Malpass, Vice-President for Academics, Virginia Polytechnic Institute, J. Gordon Brown, Dean for Student Services, Virginia Polytechnic Institute, Appellees.

United States Court of Appeals Fourth Circuit.

Decided November 10, 1969.

Attorney(s) appearing for the Case

Robert P. Dwoskin, Roanoke, Va., for appellant.

Richard N. Harris, Asst. Atty. Gen. of Virginia (Robert Y. Button, Atty. Gen. of Virginia, and Walter H. Ryland, Asst. Atty. Gen. of Virginia, on brief), for appellees.

Before WINTER, CRAVEN and BUTZNER, Circuit Judges.

WINTER, Circuit Judge:

On the facts of this case we must decide how a conflict between a student's first amendment right to register dissent and the power of a state university to control activities on its campus is to be resolved. The district court denied the student, Thomas J. Saunders (Saunders), a preliminary injunction against the refusal of Virginia Polytechnic Institute (VPI) to readmit him, and dismissed his complaint. Saunders has appealed. Because classes...

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