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PINTO v. UNIVERSIDAD DE PUERTO RICO

No. 89-1781.

895 F.2d 18 (1990)

Desio Rabal PINTO, Plaintiff, Appellant, v. UNIVERSIDAD DE PUERTO RICO, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 29, 1990.

Attorney(s) appearing for the Case

Arturo Aponte Pares, with whom Jorge J. Oppenheimer Mendez, Santurce, P.R., was on brief for plaintiff-appellant.

Luis M. Vazquez Rodriguez, Carolina, P.R., with whom Elisa Bobonis Lang and University of Puerto Rico Office of Legal Affairs, were on brief for defendant-appellee.

Before SELYA, ALDRICH and CYR, Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

This is a diversity action under 28 U.S.C. § 1331, citing the jurisdictional amount, with a civil rights claim under 42 U.S.C. § 1983, seeking damages and an injunction because of defendant Universidad De Puerto Rico, hereinafter the University, refusing to recognize that, contractually, plaintiff had professorial tenure. The University moved to dismiss, accompanied with a brief asserting that it was an arm of the state...

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