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THAN v. UNIV. OF TEXAS MEDICAL SCHOOL AT HOUSTON

No. 99-20110 Summary Calendar.

188 F.3d 633 (1999)

Allan THAN, Plaintiff-Appellant, v. UNIVERSITY OF TEXAS MEDICAL SCHOOL AT HOUSTON; M. David Low, Medical Doctor, Individually and in his Official Capacity as President of the University; Margaret C. McNeese, Medical Doctor, Individually and in her Official Capacity as Associate Professor; Dean of Student Affairs, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 27, 1999.

Attorney(s) appearing for the Case

George M. Kirk, Jr., Kirk, Gottesman & Lee, Houston, TX, for Plaintiff-Appellant.

James C. Todd, Asst. Atty. Gen., Austin, TX, for Defendants-Appellees.

Eliot P. Tucker, Mandell & Wright, Houston, TX, for McNeese.

Before POLITZ, DAVIS and WIENER, Circuit Judges.

POLITZ, Circuit Judge:

Allan Than is a former medical student at the University of Texas Health Science Center at Houston. During his third year, two proctors observed him repeatedly looking at another student's paper during a National Board of Medical Examiners' surgery examination. A comparison of their examinations revealed identical answers to 88% of all questions incorrectly answered. After a hearing, Than was expelled for academic dishonesty. He sued in state...

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