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NASH v. AUBURN UNIVERSITY

No. 85-7675.

812 F.2d 655 (1987)

David M. NASH and Donna C. Perry, Plaintiffs-Appellants, v. AUBURN UNIVERSITY, Frank G. Vice, J.T. Vaughan, H.C. Morgan and James E. Martin, individually and in their official capacities, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 16, 1987.

Attorney(s) appearing for the Case

McPhillips, DeBardelaben & Hawthorne, Julian McPhillips, Griffin Sikes, Montgomery, Ala., for plaintiffs-appellants.

David R. Boyd, Balch & Bingham, Montgomery, Ala., Thomas D. Samford, III, Samford & Samford, Opelika, Ala., Joseph C. Espy, III, Melton & Espy, P.C., Montgomery, Ala., for defendants-appellees.

Before RONEY, Chief Judge, CLARK, Circuit Judge, and DOYLE, Senior District Judge.

JAMES E. DOYLE, Senior District Judge:

Appellants Nash and Perry seek injunctive relief and damages under 42 U.S.C. § 1983 for constitutional violations in their suspension from the Auburn University School of Veterinary Medicine on a charge of academic dishonesty. They brought this action on September 20, 1985, also alleging a pendent state law claim for breach of contract by wrongful suspension. After a hearing on September 25, appellants were granted a temporary...

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