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DECKER v. NORTH IDAHO COLLEGE

No. 74-3257.

552 F.2d 872 (1977)

A. N. DECKER, Appellant, v. NORTH IDAHO COLLEGE, Barry G. Schuler, President of North Idaho College, the Board of Trustees of North Idaho College, E. A. Seiter, Chairman of the Board of Trustees of North Idaho College, and Dr. Lynn C. Fredrickson, Josephine Webb, Jay Couch and Dr. James R. Barton, Individually and as Members of the Board of Trustees of North Idaho College, Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied July 12, 1977.

Attorney(s) appearing for the Case

Byron J. Johnson, Webb, Johnson, Tway, Redford & Greener, Boise, Idaho, Robert H. Chanin, Washington, D. C., argued for appellant.

W. W. Nixon, J. T. Knudson, Coeur d'Alene, Idaho, argued, for appellees.

Before BROWNING and KILKENNY, Circuit Judges, and VAN PELT, District Judge.

Rehearing and Rehearing En Banc Denied July 12, 1977.

KILKENNY, Circuit Judge:

BACKGROUND

In May, 1972, A. N. Decker [appellant] was dismissed without a hearing from North Idaho College [College] where he had been employed as an instructor since 1966.1 Because this dismissal was not accompanied by a hearing, the appellant brought suit in the district court and claimed that his due process rights under the 14th Amendment...

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