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KURTZ v. VICKREY

No. 87-7349.

855 F.2d 723 (1988)

Larry KURTZ, Plaintiff-Appellant, v. James F. VICKREY, Jr., individually and in his official capacity as President of the University of Montevallo, the University of Montevallo, and Martha Kirkland, Hilda Smilie, Ruth Spencer, Ann Lowery Bains, James M. Tingle, Neal Shirley, Frank C. Ellis, Paul Salter, Jr., Guy Burns, Dorothy Carmichael and James White, in their official capacities as members of the Board of Trustees of the University of Montevallo, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 19, 1988.

Attorney(s) appearing for the Case

Joe R. Whatley, Jr., Falkenberry, Whatley & Heidt, Birmingham, Ala., for plaintiff-appellant.

Carl E. Johnson, Bishop, Colvin & Johnson, Birmingham, Ala., for defendants-appellees.

Before FAY and KRAVITCH, Circuit Judges, and ATKINS, Senior District Judge.

KRAVITCH, Circuit Judge:

Larry Kurtz filed this action pursuant to 42 U.S.C. § 1983 alleging that he was denied promotion to full professor at the University of Montevallo for exercising (1) his right to free speech and (2) his right to access to the courts by filing a lawsuit against the university. The defendants are James Vickrey, Jr., sued both in his individual capacity and as president of the university, the University of Montevallo, and the members of...

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