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JANTZ v. MUCI

No. 91-3245.

976 F.2d 623 (1992)

Vernon R. JANTZ, Plaintiff-Appellee, v. Cleofas F. MUCI, Defendant-Appellant. Lambda Legal Defense and Education Fund, Inc.; American Civil Liberties Union Foundation and American Civil Liberties Union of Kansas; National Conference of Gay and Lesbian Elected Officials, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 14, 1992.

Attorney(s) appearing for the Case

David M. Rapp of Hinkle, Eberhart & Elkouri, Wichita, Kan., for defendant-appellant.

James S. Phillips, Jr. of Phillips & Phillips, Wichita, Kan., for plaintiff-appellee.

Stephen V. Bomse, Clyde J. Wadsworth of Heller, Ehrman, White & McAuliffe, San Francisco, Cal., and Mary Newcombe, Los Angeles, Cal., for amicus curiae Lambda Legal Defense and Educ. Fund, Inc.

Eric E. Davis of Saperstein, Mayeda, Larkin & Goldstein, Los Angeles, Cal., for amicus curiae National Conference of Gay and Lesbian Elected Officials.

William B. Rubenstein, Matt Coles, Ruth E. Harlow of American Civil Liberties Foundation, New York City, and David J. Waxse of Shook, Hardy & Bacon, Overland Park, Kan., for amicus curiae American Civil Liberties Union Foundation and the American Civil Liberties Union of Kansas.

Before BALDOCK and BARRETT, Circuit Judges, and PARKER, District Judge.

BALDOCK, Circuit Judge.

Plaintiff-appellee Vernon R. Jantz brought this 42 U.S.C. § 1983 action against Defendant-appellant Cleofas F. Muci, the former principal of Wichita North High School (Wichita North), Unified School District No. 259 (District 259), in Wichita, Kansas. Plaintiff alleges that Defendant violated his Fourteenth Amendment equal protection rights under color of state law by denying him full-time employment as a social studies teacher/coach at...

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