OPINION
TRASK, Circuit Judge:
This appeal is by Howard B. Burdeau, a non-tenured assistant professor at California State College, San Bernardino, from an opinion and order of the District Court dismissing without leave to amend the action he had filed resisting the failure of the school to rehire him.
Appellant was a probationary assistant professor with a one-year appointment for the 1970-71 academic year. That was his first year of employment....
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