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STATE OF MONT. v. PERETTI

No. 79-7171.

661 F.2d 756 (1981)

The STATE OF MONTANA; The Board of Public Education and its members, Petitioners-Appellants, v. Michael PERETTI; Henry Hodnik; Rod Utigard; Carter Jensen; Michael Devoe; Steven Rezin; Robert Rasmussen; Fred Wittlake; James Bowman; Ernest Nevin; Paul Ward; Doug Kobs; Rick Berg; Tim Clark; and Ron Winterroud, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 16, 1981.

Rehearing and Rehearing Denied January 8, 1982.

Attorney(s) appearing for the Case

John P. Atkins, Bozeman, Mont., for petitioners-appellants.

Richard Ranney, Missoula, Mont., for respondents-appellees.

Before CHOY, KENNEDY and REINHARDT, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 8, 1982.

PER CURIAM:

The State of Montana appeals from a judgment that it violated the due process rights of students at a state institution when it terminated the program in which they were enrolled without giving them a chance to finish their course of study. Because we find that the eleventh amendment precluded district court jurisdiction over this suit against the state, we reverse.

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