ROTH v. BOARD OF REGENTS OF STATE COLLEGES

No. 18490.

446 F.2d 806 (1971)

David E. ROTH, for himself and for all others similarly situated, Plaintiff-Appellee, v. The BOARD OF REGENTS OF STATE COLLEGES and Roger E. Guiles, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

July 1, 1971.


Attorney(s) appearing for the Case

E. L. Wingert, Madison, Wis., Charles A. Bleck, Asst. Atty. Gen., Robert W. Warren, Atty. Gen. of Wisconsin, Madison, Wis., for defendants-appellants.

Steven H. Steinglass, Milwaukee, Wis., Robert L. Reynolds, Jr., Madison, Wis., for plaintiff-appellee and for Wisconsin Civil Liberties Union; Charles D. Hoornstra, Michael W. Smith, Madison, Wis., of counsel.

Albert E. Jenner, Jr., Chester T. Kamin, Richard T. Franch, Chicago, Ill., amici curiae, Board of Governors of State Colleges and others; Jenner & Block, Chicago, Ill., Richard T. Dunn, Dunn, Dunn, Brady, Goebel, Ulbrich & Hayes, Bloomington, Ill., of counsel.

Richard L. Cates, Robert C. Kelly, Bruce F. Ehlke, Lawton & Cates, Madison, Wis., David Rubin, Deputy General Counsel, National Education Ass'n, for National Education Ass'n and Wisconsin Education Ass'n, amici curiae.

Before DUFFY, Senior Circuit Judge, and FAIRCHILD and KERNER, Circuit Judges.


FAIRCHILD, Circuit Judge.

In this case (involving an official decision at a state university not to reemploy a non-tenured professor) the parties each made motions for summary judgment. The district court decision is reported at 310 F.Supp. 972. Defendants' motion was denied, and plaintiff's motion was granted in part. The order appears on pages 983 and 984. Defendants have appealed from the judgment accordingly entered. Although...

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