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KILCOYNE v. MORGAN

No. 81-1069.

664 F.2d 940 (1981)

Martin Joseph KILCOYNE, Appellant, v. Robert MORGAN, Chairman, Board of Trustees, East Carolina University, etc., et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 27, 1981.

Attorney(s) appearing for the Case

Thomas F. Loflin, III, Durham, N. C. (Loflin & Loflin, Durham, N. C., on brief), for appellant.

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

Before BRYAN, Senior Circuit Judge, SPROUSE and ERVIN, Circuit Judges.

PER CURIAM:

The extent of the Fourteenth Amendment's role in faculty tenure and promotion procedures at State colleges and universities is questioned by this appeal. The facts of the immediate controversy follow.

I

During the academic years from July 1969 to May 1973, appellant Martin Joseph Kilcoyne was a non-tenured member of the faculty of East Carolina University (ECU), a member institution of the greater University of North Carolina. As stipulated...

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