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CLARK v. WHITING

No. 77-2298.

607 F.2d 634 (1979)

Vernon CLARK, Appellant, v. Albert N. WHITING, Individually and in his capacity as Chancellor, NCCU, Walter H. Pattillo, Individually and in his capacity as Chairman, Department of Biology, NCCU, William A. Clement, Individually and in his capacity as Chairman, Board of Trustees, NCCU, North Carolina Central University, the University of North Carolina, Mary M. Townes, Individually, Charles R. George, Individually, Shahbeg Sandhu, Individually, Wiley Armstrong, Individually, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 17, 1979.

Attorney(s) appearing for the Case

Thomas F. Loflin, III, Durham, N. C. (Carolyn McAllaster, Loflin & Loflin, Durham, N. C., on brief), for appellant.

Ben Irons, Asst. Atty. Gen., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen., Edwin M. Speas, Jr., Special Deputy Atty. Gen., Elizabeth C. Bunting, Asst. Atty. Gen., Raleigh, N. C., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, RUSSELL, Circuit Judge, and JOHN T. COPENHAVER, Jr., United States District Judge for the Southern District of West Virginia, sitting by designation.

DONALD RUSSELL, Circuit Judge:

This is a § 1983, 42 U.S.C. action by an associate professor of biology at North Carolina Central University who complains of the denial of his several requests for academic promotion to a full professorship. To his alleged constitutional claim under § 1983, he has added a pendent state action in libel and slander.1 The district court dismissed the constitutional claim on jurisdictional grounds...

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