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CHALFANT v. WILMINGTON INSTITUTE

No. 76-2132.

574 F.2d 739 (1978)

Patricia J. CHALFANT, Appellant, v. The WILMINGTON INSTITUTE, a corporation of the State of Delaware, Jack W. Bryant and Edward B. duPont.

United States Court of Appeals, Third Circuit.

Reargued November 7, 1977.

Decided February 27, 1978.

Attorney(s) appearing for the Case

Alfred J. Lindh, Bayard J. Snyder, Wilmington, Del., for appellant.

F. Alton Tybout, John A. Elzufon, Wilmington, Del., for appellee, The Wilmington Institute.

Henry N. Herndon, Jr., Morris, James, Hitchens & Williams, Wilmington, Del., for appellees, Wilmington Institute, Jack W. Bryant and Edward B. duPont.

Before SEITZ, Chief Judge, and VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS, GARTH and HIGGINBOTHAM, Circuit Judges.

Reargued en banc November 7, 1977.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This appeal grows out of a dispute following the discharge of an employee by the public library system of the City of Wilmington and County of New Castle, Delaware. After a bench trial, the district court dismissed the complaint on the ground that the termination did not involve state action within the reach of the fourteenth amendment. The court also declined to adjudicate...

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