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THE DARTMOUTH REVIEW v. DARTMOUTH COLLEGE

No. 89-1466.

889 F.2d 13 (1989)

THE DARTMOUTH REVIEW, on Behalf of Its Officers, Staff and Subscribers, et al., Plaintiffs, Appellants, v. DARTMOUTH COLLEGE, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 9, 1989.

Attorney(s) appearing for the Case

Francis G. Murphy, Jr., with whom Nixon Hall & Hess Professional Ass'n, Manchester, N.H., Myerson & Kuhn, Harvey D. Myerson, Arthur H. Ruegger, Joseph E. Boury, and Julie A. Day, New York City, were on brief, for plaintiffs, appellants.

Carol Ann Conboy, with whom Jack B. Middleton, Robert A. Wells, Jane E. Cetlin and McLane, Graf, Raulerson & Middleton, Professional Ass'n, Manchester, N.H., were on brief, for defendants, appellees.

Before SELYA, Circuit Judge, ALDRICH and GIBSON, Senior Circuit Judges.

SELYA, Circuit Judge.

This suit was brought in consequence of a riptide of unpleasantness which flooded the Dartmouth College campus during the second semester of the 1987-88 academic year.1 The district court ordered dismissal for failure to state a claim. Dartmouth Review v. Dartmouth College, 709 F.Supp. 32 (D.N.H.1989). We affirm.

As needs must, we start by summarizing the factbound...

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