No. 99-3245.

227 F.3d 107 (2000)

John D. ALVIN, general partner; Pharmakon, Inc.; Clinical Pathology Facility, Inc., a Pennsylvania Corporation, former General Partner; A Delaware Corporation, Present General Partner as Successor in Interest to, Clinical Pathology Facility t/a Pharmakon Research and Development a limited partnership by and through John D. Alvin, the managing general partner, v. Jon B. SUZUKI; University of Pittsburgh Medical Center; Central Laboratories Services, Inc.; University of Pittsburgh. John D. Alvin; Pharmakon, Inc.; and Pharmakon Research and Development, Appellants.

United States Court of Appeals, Third Circuit.

Filed September 12, 2000.

Attorney(s) appearing for the Case

Richard G. Lewis (Argued), Richard B. Sandow, Louis Alvin, Jones, Gregg, Creehan & Gerace, LLP, Pittsburgh, PA, Counsel for Appellants.

Larry A. Silverman (Argued), Dickie, McCamey & Chilcote, P.C., Lazar Palnick, University of Pittsburgh Medical Center, Pittsburgh, PA, Counsel for Appellees.

Before: BECKER, Chief Judge, ALITO and BARRY, Circuit Judges.


BECKER, Chief Judge.

John D. Alvin, Ph.D, a tenured professor at the University of Pittsburgh ("UPitt" or "the University"), started and operated two successful pharmaceutical companies, Pharmakon, Inc. ("PKI") and Pharmakon, R & D ("PRD"), which competed with university-related commercial activities. He brought this civil rights action alleging that the University contrived to deny him the benefits that inhere in a tenured position...


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