MAYBERRY v. DEES

Nos. 79-1204, 79-1205.

663 F.2d 502 (1981)

Robert J. MAYBERRY, Appellee, v. William DEES, Chairman, Board of Governors, University of North Carolina, individually and in his official capacity, William Friday, President, University of North Carolina, individually and in his official capacity; Robert Morgan, Chairman, Board of Trustees, East Carolina University, individually and in his official capacity; Leo W. Jenkins, Chancellor, East Carolina University, individually and in his official capacity; Robert L. Holt, Vice-Chancellor, East Carolina University, individually and in his official capacity; Robert W. Williams, Provost, East Carolina University, individually and in his official capacity; Richard Capwell, Dean Arts and Sciences East Carolina University, individually and in his official capacity; Joseph Fernandez, Chairman of Romance Languages, East Carolina University, individually and in his official capacity, Appellants. National Education Association, Amicus Curiae. Robert J. MAYBERRY, Appellant, v. William DEES, Chairman, Board of Governors, University of North Carolina, individually and in his official capacity; William Friday, President, University of North Carolina, individually and in his official capacity; Robert Morgan, Chairman, Board of Trustees, East Carolina University, individually and in his official capacity; Leo W. Jenkins, Chancellor, East Carolina University, individually and in his official capacity; Robert L. Holt, Vice-Chancellor, East Carolina University, individually and in his official capacity; Robert W. Williams, Provost, East Carolina University, individually and in his official capacity; Richard Capwell, Dean, Arts and Sciences, East Carolina University, individually and in his official capacity; Joseph Fernandez, Chairman of Romance Languages, East Carolina University, individually and in his official capacity, Appellees. National Education Association, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided November 5, 1981.


Attorney(s) appearing for the Case

Jim D. Cooley, Winston-Salem, N. C. (William G. Pfefferkorn, Pfefferkorn & Cooley, P. A., Winston-Salem, N. C., on brief) for appellants.

Julia Penny Clark, Washington, D. C. (Michael H. Gottesman, David M. Silberman, Bredhoff, Gottesman, Cohen & Weinberg, David Rubin, Nat. Ed. Ass'n, Washington, D. C., on brief) for amicus curiae.

Marvin Schiller, Asst. Atty. Gen., Edwin M. Speas, Jr., Sp. Deputy Atty. Gen., Raleigh, N. C. (Rufus L. Edmisten, Atty. Gen., Raleigh, N. C., on brief) for appellees.

Before HAYNSWORTH, Senior Circuit Judge, HALL and MURNAGHAN, Circuit Judges.


MURNAGHAN, Circuit Judge:

I.

The Factual Setting

A. The parties and prior developments.

East Carolina University (the University) is a constituent institution of the University of North Carolina, and, as such, is a state agency. MacDonald v. University of North Carolina at Chapel Hill, 299 N.C. 457, 263 S.E.2d 578 (1980). The University employed Robert J. Mayberry, the holder of...

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