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HETRICK v. MARTIN

No. 72-2168.

480 F.2d 705 (1973)

Phyllis B. HETRICK, Plaintiff-Appellant, v. Robert R. MARTIN, President of Eastern Kentucky University, and the Board of Regents of Eastern Kentucky University, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 15, 1973.

Attorney(s) appearing for the Case

Robert Allen Sedler, Lexington, Ky., for plaintiff-appellant.

Ed W. Hancock, Atty. Gen. of Kentucky, Frankfort, Ky., George T. Ross, Richmond, Ky., John W. Palmore, Eastern Kentucky University, Richmond, Ky., John W. Palmore, Richmond, Ky., for defendants-appellees; John W. Palmore, George T. Ross, Richmond, Ky., on brief.

Before PECK, McCREE and KENT, Circuit Judges.

McCREE, Circuit Judge.

This appeal requires us to decide whether the First Amendment prevents a state university from discharging a teacher whose pedagogical style and philosophy do not conform to the pattern prescribed by the school administration. The district court, sitting without a jury, held that the Constitution did not bar officials of Eastern Kentucky University from refusing to renew plaintiff's teaching contract on the ground of impermissible deviation...

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