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SMITH v. UNIVERSITY OF NORTH CAROLINA

Nos. 79-1221, 79-1222.

632 F.2d 316 (1980)

Mary Carroll SMITH, Appellee, v. UNIVERSITY OF NORTH CAROLINA at Chapel Hill; John H. Schutz; Ruel W. Tyson, Jr., Appellants. Mary Carroll SMITH, Appellant, v. UNIVERSITY OF NORTH CAROLINA at Chapel Hill; John H. Schutz; Ruel W. Tyson, Jr., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 30, 1980.

Attorney(s) appearing for the Case

Elisabeth S. Petersen, James B. Craven, III, Durham, N.C. (Everett, Everett, Creech & Craven, Durham, N.C., on brief), for appellants.

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

Robert E. Williams, Douglas S. McDowell, Edward E. Potter, McGuiness & Williams, Washington, D.C., on brief, as amicus curiae.

Before WIDENER and MURNAGHAN, Circuit Judges, and HAWKINS, District Judge.

MURNAGHAN, Circuit Judge:

When the Department of Religion at the University of North Carolina declined to promote or to reappoint Assistant Professor Mary Carroll Smith, she, after unsuccessfully pursuing administrative avenues of relief, filed an action in the United States District Court for the Middle District of North Carolina against the University and several faculty members. Alleging that various University members had violated her federal and state constitutional...

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