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SCHRIER v. UNIVERSITY OF COLORADO

No. 03-1275.

427 F.3d 1253 (2005)

Robert W. SCHRIER, M.D., Plaintiff-Appellant, v. UNIVERSITY OF COLORADO, Elizabeth Hoffman, in her official capacity as President of the University of Colorado; Richard D. Krugman, M.D., in his official capacity as Dean of the University of Colorado Health Sciences Center; James H. Shore, M.D., in his official capacity as Chancellor of the University of Colorado Health Sciences Center, Defendants-Appellees. The American Association of University Professors, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

October 31, 2005.

Attorney(s) appearing for the Case

James M. Lyons (Kris J. Kostolansky and Craig R. Welling, with him on the briefs) of Rothgerber Johnson & Lyons LLP, Denver, Colorado, for Plaintiff-Appellant.

Thomas S. Rice of Senter Goldfarb & Rice LLC, Denver, Colorado (David P. Temple, Special Assistant Attorney General, University of Colorado, Denver, Colorado, with him on the briefs), for Defendants-Appellees.

Donna R. Euben and Ann D. Springer of American Association of University Professors, Washington, D.C., and Seth A. Tucker and Edward M. Mathias of Covington & Burling, Washington, D.C. (Professor David M. Rabban, University of Texas School of Law, Austin, Texas, and Professor Robert M. O'Neil of University of Virginia School of Law, Charlottesville, Virginia, Of Counsel with them on the brief) filed a brief for Amicus Curiae.

Before MURPHY, McKAY, and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

Dr. Robert W. Schrier, M.D., a Professor of Medicine at the University of Colorado (University), filed a civil action in Colorado state court against the University and three of its employees, President Elizabeth Hoffman, Dean Richard D. Krugman, M.D., and Chancellor James H. Shore, M.D., in their official capacities. Mr. Schrier's complaint alleges that defendants' termination of his appointment as Chair of the University's Department of Medicine...

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