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BERRY v. ARTHUR

Civ. No. 77-4043.

474 F.Supp. 427 (1979)

Russell L. BERRY, Plaintiff, v. Kenneth L. ARTHUR, Richard H. Battey, James I. Deam, John A. Larson (whose correct name is John W. Larson), Lauren A. Lewis (whose correct name is H. Lauren Lewis), John E. Sutton, Jr., Leslie W. Jensen, Russell Peterson, James Dee (whose full name is James J. Dee), Celia Miner, Vincent Protsch, David Morrill, Richard D. Gibb, Robert DeZonia (whose full name is Robert H. DeZonia), Richard Bowen (whose full name is Richard L. Bowen), Hilton M. Briggs, Sherwood O. Berg, Orville Bentley (whose full name is Orville G. Bentley), Duane C. Acker, Delwyn Dearborn, Alfred L. Musson, Raymond A. Moore, Burton L. Brage, John T. Stone, Lloyd Glover, Jr. (whose correct name is Loyd Glover, Jr.), and John E. Thompson, Defendants.

United States District Court, D. South Dakota, S. D.

August 6, 1979.

Attorney(s) appearing for the Case

Lee R. Burd, Sioux Falls, S.D., for plaintiff.

David J. Figuli, Asst. Atty. Gen., Pierre, S.D., Deming Smith of Davenport, Evans, Hurwitz & Smith, and A. D. Sommervold of Woods, Fuller, Shultz & Smith, Sioux Falls, S.D., for defendants.

MEMORANDUM DECISION

NICHOL, Chief Judge.

The plaintiff in this action is Russell L. Berry, a professor at South Dakota State University. The defendants include present and former members of the board of regents of the state of South Dakota, present and former commissioners of higher education of the state of South Dakota, present and former presidents of South Dakota State University, present and former deans...

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