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KENNEDY v. ROBB

No. 76-1170.

547 F.2d 408 (1976)

Richard KENNEDY, Appellant, v. Harold T. ROBB, M.D., and Patrick J. Gannon, M.D., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 30, 1976.

Rehearing and Rehearing Denied January 21 and 24, 1977.

Stay Denied March 7, 1977.

Attorney(s) appearing for the Case

Francis L. Ruppert (argued), Clayton, Mo., on brief, for appellant.

Karen Iverson, Asst. Atty. Gen., Jefferson City, Mo., argued; Atty. Gen. John C. Danforth (effective Dec. 27th, John D. Ashcroft, Atty. Gen.), and J. Paul Allred, Asst. Atty. Gen., Jefferson City, Mo., on brief, for appellees.

Before BRIGHT and WEBSTER, Circuit Judges, and TALBOT SMITH, Senior District Judge.

Rehearing and Rehearing En Banc Denied January 21 and 24, 1977.

Stay Denied March 7, 1977. See 97 S.Ct. 1325.

TALBOT SMITH, Senior District Judge.

The appellant before us (hereafter "plaintiff"), discharged from his employment by the State of Missouri, asserted in the District Court that he had been deprived of liberty and property without due process under the Fifth and Fourteenth Amendments. The assertions are made because of

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