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LYMAN v. SWARTLEY

Civ. No. 4-73-31.

385 F.Supp. 661 (1974)

Rufus A. LYMAN, Plaintiff, v. J. W. SWARTLEY, President of the Idaho State Board of Education, et al., Defendants.

United States District Court, D. Idaho.

September 13, 1974.

Attorney(s) appearing for the Case

Byron J. Johnson, Webb, Johnson, Tway, Redford & Greener, Boise, Idaho, Joseph N. deRaismes, and Daniel P. Sheehan, Mountain States Regional Office, American Civ. Liberties Union, Boulder, Colo., for plaintiff.

Jess B. Hawley, Jr., and Wayne B. Slaughter, Jr., Hawley, Troxwell, Ennis & Hawley, Boise, Idaho, for defendants.

DECISION

McNICHOLS, Chief Judge.

Rufus A. Lyman, plaintiff, is a tenured faculty member of Idaho State University, a tax supported institution in the State of Idaho. Lyman began his duties at the school in 1948. He has an impressive academic background, being a medical doctor and having an earned doctorate degree in Zoology.

Idaho State University is subject to control by the Idaho State Board of Education, a Board made up of persons appointed for...

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