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TONEY v. REAGAN

No. 71-1588.

467 F.2d 953 (1972)

Joe David TONEY et al., Plaintiffs-Appellants, v. Ronald REAGAN et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 5, 1972.

Certiorari Denied January 15, 1973.

Attorney(s) appearing for the Case

James N. Penrod (argued), Mark Himelstein, of Penrod & Himelstein, San Francisco, Cal., for plaintiffs-appellants.

Donald B. Day, Deputy Atty. Gen. (argued), Norman L. Epstein, Frances Rothschild, Evelle J. Younger, Atty. Gen., San Francisco, Cal., for defendants-appellees.

Before WRIGHT and CHOY, Circuit Judges, and POWELL, District Judge.

Certiorari Denied January 15, 1973. See 93 S.Ct. 951.

EUGENE A. WRIGHT, Circuit Judge.

During the 1970-71 academic year appellants were probationary (nontenured) professors at Fresno State College in California. In the fall of 1970 they were notified that the college did not intend to offer them employment for the ensuing year.1

It appears that the appellants had actively criticized...

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