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SINDERMANN v. PERRY

No. 28372.

430 F.2d 939 (1970)

Robert P. SINDERMANN, for himself and others similarly situated, Plaintiff-Appellant, v. Charles R. PERRY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 9, 1970.

Attorney(s) appearing for the Case

Warren Burnett, Odessa, Tex., Law Offices Burnett & Childs, Odessa, Tex., for plaintiff-appellant; by Richard J. Clarkson, Odessa, Tex., of counsel.

W. O. Shafer, Lucius D. Bunton, Raymond D. Wier, Shafer, Gilliland, Davis, Bunton & McCullom, Odessa, Tex., for appellees.

David Rubin, Deputy Gen. Counsel, National Education Association, Richard J. Medalie, Alvin Friedman, Epstein and Friedman, Washington, D. C., for the National Education Association.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

CLARK, Circuit Judge:

The court below disposed of this case by summary judgment but because we find that this case presents issues of constitutional law, the longest way around now proves to be the shortest way through the thicket. The Board of Regents of Odessa Junior College voted not to renew the employment contract of Professor Robert P. Sindermann. Sindermann filed suit in the district court alleging that the action of the Regents in refusing to offer him a new...

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