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WHITING v. UNIVERSITY OF SOUTHERN MISSISSIPPI

No. 04-60956.

451 F.3d 339 (2006)

Melissa WHITING, Plaintiff-Appellant, v. The UNIVERSITY OF SOUTHERN MISSISSIPPI, Shelby Thames, Dr., Dana Thames, Dr., Carl Martray, Dr., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 2, 2006.

Attorney(s) appearing for the Case

Kim Turner Chaze (argued), Durham, NH, for Whiting.

James Allen Keith, John Simeon Hooks (argued), Adams & Reese, Jackson, MS, Lee Partee Gore, University of Southern Mississippi, Hattiesburg, MS, for Defendants-Appellees.

Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

Dr. Melissa Whiting was a non-tenured professor at the University of Southern Mississippi ("USM"), whose annual evaluations and third-year review were consistently excellent. Nonetheless, she was denied tenure and promotion at the end of her sixth year at USM after participating in the tenure application process laid out in the Faculty Handbook. Dr. Whiting alleges that the denial arose from ill will between her and her department chair, Dr...

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