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MATTHEWS v. OREGON STATE BD. OF HIGHER EDUC.

Nos. 98-36218, 99-35601.

249 F.3d 1085 (2001)

Kevin Michael MATTHEWS, Plaintiff-Appellant, v. OREGON STATE BOARD OF HIGHER EDUCATION, acting by and through University of Oregon; David Frohnmayer; John Moseley; Lorraine Davis, in their official and individual capacities, Defendants-Appellees. Kevin Michael Matthews, Plaintiff-Appellant, v. The State of Oregon, acting by and through the University of Oregon; John T. Moseley; Lorraine Davis; Jack M. Rice; Robert Z. Melnick; Michael D. Utsey; George Z. Brown; Ronald Kellet, in their official and individual capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn August 14, 2000.

Submission Withdrawn July 18, 2000.

Both cases resubmitted May 1, 2001.

Filed May 9, 2001.

Attorney(s) appearing for the Case

Donna Meredith Matthews, Eugene, Oregon, for the plaintiff-appellant.

Christina Chute, (98-36218), Richard Wasserman (99-35601), Assistant Attorneys General, Salem, Oregon, for the defendants-appellees.

Before: GOODWIN, GRABER, and W. FLETCHER, Circuit Judges.

Submission Withdrawn 98-36218 August 14, 2000.

Submission Withdrawn 99-35601 July 18, 2000.

PER CURIAM:

Kevin Matthews appeals the District Court's summary judgment in favor of the University of Oregon in his action for damages and equitable relief. Matthews claims that the University violated state and federal law in denying him indefinite tenure upon the completion of his sixth year as an annual appointee to the faculty. After the correctness of...

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