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KILLINGER v. SAMFORD UNIVERSITY

No. 96-6238.

113 F.3d 196 (1997)

John R. KILLINGER, Plaintiff-Appellant, v. SAMFORD UNIVERSITY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 22, 1997.

Attorney(s) appearing for the Case

John C. Falkenberry, Robert R. Baugh, Sirote & Permutt, Birmingham, AL, for Plaintiff-Appellant.

Peyton Lacy, Jr., Joseph W. Mathews, Jr., James C. Pennington, Lange, Simpson, Robinson & Somerville, Birmingham, AL, for Defendant-Appellee.

Stuart Smith, Roy L. Barrett, Naman, Howell, Smith & Lee, P.C., Waco, TX, amicus curiae.

Before EDMONDSON and BLACK, Circuit Judges, and RONEY, Senior Circuit Judge.

EDMONDSON, Circuit Judge:

This case presents the issue of the interpretation of two religious exemptions to Title VII, the "religious educational institution" exemption and the "owned, supported, controlled, or managed" by a "religious association" exemption. Plaintiff says that a university's decision to remove him from his teaching position at its divinity school constituted religious discrimination and that the district court erred in applying the two exemptions...

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