VAN ARSDEL v. TEXAS A&M UNIVERSITY

No. 78-3649.

628 F.2d 344 (1980)

Eugene P. VAN ARSDEL, Plaintiff-Appellee, v. TEXAS A&M UNIVERSITY et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 14, 1980.


Attorney(s) appearing for the Case

Martha H. Allan, Asst. Atty. Gen., Austin, Tex., for defendants-appellants.

Larry Watts, George M. Kirk, Jr., Houston, Tex., for plaintiff-appellee.

Before THORNBERRY, GEE, and REAVLEY, Circuit Judges.


THORNBERRY, Circuit Judge:

This interlocutory appeal follows the grant below of a preliminary injunction requiring appellant, Texas A&M University, to reinstate appellee, Dr. Eugene Van Arsdel, to his former position as a tenured associate professor. We find that the district court improperly granted the preliminary injunction. We further find that, as a matter of law, the district court erred in its conclusion that appellee resigned under duress.

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