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BURNHAM v. IANNI

No. 95-1962.

119 F.3d 668 (1997)

Albert BURNHAM; Ronald Marchese; Michael Kohn; Louise Kohn, Appellees, v. Lawrence IANNI, in his official capacity as Chancellor of the University of Minnesota at Duluth and in his individual capacity, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 11, 1997.

Attorney(s) appearing for the Case

Mark R. Rotenberg, Minneapolis, MN, argued (Julie A. Sweitzer, on the brief).

Scott W. Johnson, Minneapolis, MN, argued (John H. Hinderaker, on the brief).

Before RICHARD S. ARNOLD, Chief Judge, McMILLIAN, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, BEAM, LOKEN, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges, en banc.

BEAM, Circuit Judge.

In this section 1983 action, Chancellor Lawrence Ianni appeals from the district court's1 denial of his motion for summary judgment based on qualified immunity. A panel of this court reversed. Our decision to grant en banc review vacated that decision. See Burnham v. Ianni, 98 F.3d 1007 (8th Cir.1996). We now affirm.

I. BACKGROUND

Because discovery has not...

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