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McCONNELL v. ANDERSON

No. 4-70 Civ. 297.

316 F.Supp. 809 (1970)

James Michael McCONNELL, Plaintiff, v. Elmer R. ANDERSON, Lyman A. Brink, Fred A. Cina, Daniel C. Gainey, Albert V. Hartl, Marjorie J. Howard, Herbert L. Huffington, M.D., Fred J. Hughes, Lester A. Malkerson, George W. Rauenhorst, Neil C. Sherburne, John A. Yngve, and Ralph H. Hopp, Defendants.

United States District Court, D. Minnesota, Fourth Division.

September 9, 1970.

Attorney(s) appearing for the Case

John R. Goetz and Stephen M. Goldfarb, Minneapolis, Minn., for plaintiff.

Moore, Costello & Hart, St. Paul, Minn., by A. Patrick Leighton and Richard A. Moore, R. Joel Tierney, Minneapolis, Minn., for defendants.

NEVILLE, District Judge.

Squarely presented to the court for decision is a case where the University of the State of Minnesota, acting through its Board of Regents, rejected as an employee an otherwise qualified male applicant because of his public profession that he is an homosexual. The question raised is whether under the 1871 Civil Rights Act, 42 U.S.C. § 1983, the Board of Regents, acting "under color of any statute, ordinance, regulation, custom, or usage...

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