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OTERO-BURGOS v. INTER AMERICAN UNIVERSITY

No. 07-2501.

558 F.3d 1 (2009)

Edwin OTERO-BURGOS, Nievelyn Marrero-Peña, Conjugal Partnership Otero-Marrero, Plaintiffs, Appellants, v. INTER AMERICAN UNIVERSITY, Irene Fernández-Aponte, Juan Negróon-Berríos, A-Z Insurance Companies, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 19, 2009.

Attorney(s) appearing for the Case

Charles S. Hey-Maestre, with whom Manuel Moraza-Choisne, Adalina de Jesús Morales, and Manuel Moraza-Ortiz were on brief, for appellants.

Seth A. Tucker, John E. Bies, and M. Ryan Calo on brief for American Association of University Professors, amicus curiae.

Raul S. Mariani-Franco and Guillermo J. Ramos Luiña on brief for Asociación de Profesores y Profesoras del Recinto Universitario de Mayagüez (APRUM) and the Former President of Inter American University, Ramón A. Cruz, Ph.D., amici curiae.

Amancio Arias-Guardiola, for appellees.

Arturo Díaz Angueira, Lillian T. De La Cruz-Torres, Roberto Feliberti, and Victoria D. Pierce-King on brief for Ana G. Méndez University System, amicus curiae.

Before LYNCH, Chief Judge, LIPEZ and HOWARD, Circuit Judges.

LIPEZ, Circuit Judge.

This case requires us to decide whether Puerto Rico Law 80, which provides a severance pay remedy for an employee "contracted without a fixed term, who is discharged from his/her employment without just cause," applies to a university professor who claims to have been terminated in violation of his tenure contract. Appellee Inter American University ("IAU" or "the University"), a private educational institution, argues that the tenure contract...

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