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GARCIA v. UNIVERSITY OF KANSAS

No. 79-1166.

702 F.2d 849 (1983)

Paul A. GARCIA, Plaintiff-Appellant, v. UNIVERSITY OF KANSAS, Archie R. Dykes, Helmut E. Huesbergen, Robert P. Cobb, Walter Hiersteiner, C. John Conard, James J. Basham, M.D., E. Bernard Franklin, Robert H. O'Neil, M.D., Marshall P. Reeve, Glee S. Smith, M. Prudence Hutton, Frank A. Lowman, Erich A. Albrecht, Frank Baron, Ernest S. Dick, Charles Findlay, Henry Fullenwider, Warren Maurer, Helga Vigliano, Donald K. Watkins, and Carol Worth, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 9, 1983.

Attorney(s) appearing for the Case

Alan E. South of Crews, Milliard & South, Kansas City, Mo., and B.H. Milliard of Crews, Milliard & South, Overland Park, Kan., for plaintiff-appellant.

Robert T. Stephan, Atty. Gen., State of Kan., and Ann Victoria Thomas, Sp. Asst. Atty. Gen., and Associate General Counsel, University of Kansas, Lawrence, Kan., for defendants-appellees.

Before SETH, Chief Judge, SEYMOUR, Circuit Judge, and MARKEY, Judge.

SETH, Chief Judge.

This action is one brought pursuant to 42 U.S.C. §§ 1981 and 1983. Plaintiff-appellant claims that the University of Kansas and its agents and employees discriminated against him by failing to hire him because of his nationality. The district court treated the motion to dismiss on limitations grounds as a motion for summary judgment and dismissed the action. The trial court found that the nature...

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