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ORTWEIN v. MACKEY

No. 73-2437.

511 F.2d 696 (1975)

Phillip G. ORTWEIN et al., Plaintiffs-Appellees, v. Cecil MACKEY, Individually and as President of the University of South Florida, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 21, 1975.

Attorney(s) appearing for the Case

Lawrence J. Robinson, Sarasota, Fla., Steven G. Wenzel, Gen. Counsel, Univ. of South Florida, Tampa, Fla., for defendants-appellants.

Richard H. Frank, P. A., Tampa, Fla., Michael H. Gottesman, Washington, D. C., for plaintiffs-appellees.

Before BROWN, Chief Judge, and TUTTLE and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

On this appeal we review a district court order granting to the plaintiff-appellee, Phillip Ortwein, an injunction restraining the defendant-appellant Mackey, President of the University of South Florida, located at Tampa, Florida, from refusing to renew Ortwein's employment contract on grounds of "non-performance" without (i) according plaintiff a pre-termination hearing in accordance with principles of due process, and (ii) allowing plaintiff...

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