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VANDERHURST v. COLORADO MOUNTAIN COLLEGE DIST.

No. 98-1408.

208 F.3d 908 (2000)

Stuart VANDERHURST, Plaintiff-Appellee, v. COLORADO MOUNTAIN COLLEGE DISTRICT, a Colorado junior college district; Colorado Mountain College Board of Trustees, a Colorado junior college board of trustees, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

As Amended on Denial of Rehearing and Rehearing May 9, 2000.

Attorney(s) appearing for the Case

John G. Roberts, Jr., of Hogan & Hartson L.L.P., Washington, D.C. (Alexander E. Dreier, Hogan & Hartson L.L.P.; Daniel R. Satriana, Jr., of Hall & Evans, L.L.C., Denver, Colorado, with him on the briefs) for Appellants.

Bradley C. Bartels, Colorado Education Association, Denver, Colorado, (Martha R. Houser, Gregory J. Lawler, Sharyn E. Dreyer, and Cathy L. Cooper, Colorado Education Association, with him on the brief) for Appellees.

Before BRISCOE, REAVLEY, and MURPHY, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc May 9, 2000.

MURPHY, Circuit Judge.

I. INTRODUCTION

Stuart R. Vanderhurst, a former professor at Colorado Mountain College Junior College District (the "College"), sued the College for terminating his employment on the basis of allegedly inappropriate classroom conduct and comments. Vanderhurst claimed, inter alia, that the College violated his First Amendment right to free speech and...

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