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FRANKLIN v. ATKINS

No. 76-1256.

562 F.2d 1188 (1977)

H. Bruce FRANKLIN, Appellant, v. Dale M. ATKINS, Robert M. Gilbert, Prof. Byron L. Johnson, Fred M. Betz, Sr., Eric W. Schmidt, Thomas S. Moon, Jack Kent Anderson, and Raphael J. Moses, Individually and in their representative Capacities as members of the Board of Regents of the University of Colorado, Appellees.

United States Court of Appeals, Tenth Circuit.

Decided June 20, 1977.

Rehearing Denied October 25, 1977.

Attorney(s) appearing for the Case

Anthony F. Renzo, American Civil Liberties Union of Colorado, Denver, Colo. (Robert C. Lehnert, Denver, Colo., with him on brief), for appellant.

Richard A. Tharp, Asst. University Counsel, Boulder, Colo., University of Colo., for appellees.

David M. Rabban, Counsel, The American Association of University Professors, Washington, D. C., joined by Matthew W. Finkin, School of Law, Southern Methodist University, Dallas, Tex., and William W. Van Alstyne, School of Law, Duke University, Durham, N. C., on brief for amicus curiae.

Before SETH and BARRETT, Circuit Judges, and KERR, Senior District Judge.

SETH, Circuit Judge.

The plaintiff was an unsuccessful applicant for a position in the English Department of the University of Colorado. He was rejected by the Regents of the University, and asserts in this section 1983 action for damages, for declaratory and injunctive relief, that the decision was made on constitutionally impermissible grounds.

Plaintiff had never held a position at the University of Colorado. As the trial court pointed out, such an applicant...

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