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BRENNA v. SOUTHERN COLORADO STATE COLLEGE

No. 77-1940.

589 F.2d 475 (1978)

Lyle V. BRENNA, Plaintiff-Appellant, v. SOUTHERN COLORADO STATE COLLEGE, and the Trustees of the State Colleges in Colorado, Robert W. Bartley, L. Richard Bratton, Thomas W. Ewing, Carol Gossard, Betty I. Naugle, all the above Individually and as Trustees of the State Colleges in Colorado, Phillip A. Winslow, as a present Trustee, Gerald A. Caplan, as a former Trustee, Harry P. Bowes, Individually and as President of Southern Colorado State College, Donald Janes, Individually and as Dean of Southern Colorado State College, Marion Boss, Individually and as Department Head for Office Education and Business Education, Defendants-Appellees. American Association of University Professors, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

Decided December 13, 1978.

Attorney(s) appearing for the Case

David M. Silberman, Bredhoff, Gottesman, Cohen & Weinberg, Washington, D.C. (Michael H. Gottesman, Robert M. Weinberg, Bredhoff, Gottesman, Cohen & Weinberg, Washington, D.C., and Larry F. Hobbs, Jesse N. Lipschuetz, Hobbs & Waldbaum, P.C., Denver, Colo., on brief), for plaintiff-appellant.

Mary J. Mullarkey, First Asst. Atty. Gen., Denver, Colo. (J. D. MacFarlane, Atty. Gen., Denver, Colo., on brief), for defendants-appellees.

David M. Rabban, Washington, D.C., for amicus curiae.

Before SETH, Chief Judge, and DOYLE and McKAY, Circuit Judges.

McKAY, Circuit Judge.

Appellant was a tenured professor at Southern Colorado State College. Because of bona fide budgetary exigencies it became necessary for the college to reduce its full time faculty from 340 to 308. Those staff cuts were allocated among the various departments by administrative decision with one cut allocated to appellant's academic department. The head of the department was assigned responsibility to recommend which faculty member "his department...

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