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CHURCHWELL v. UNITED STATES

No. 76-1674.

545 F.2d 59 (1976)

Kellen CHURCHWELL, Appellee, v. UNITED STATES of America et al., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided November 29, 1976.

Attorney(s) appearing for the Case

Michael H. Stein, Dept. of Justice, Appellate Section, Washington, D. C., for appellants; Rex E. Lee, Asst. Atty. Gen., Washington, D. C., William F. Clayton, U. S. Atty., Sioux Falls, S. D., and William Kanter, Washington, D. C., on the briefs.

John Carroll, Anita Remerowski, South Dakota Legal Service, Mission, S. D., for appellee.

Before LAY, ROSS and HENLEY, Circuit Judges.

ROSS, Circuit Judge.

This appeal is brought by the government seeking review of the district court's grant of partial summary judgment for Kellen Churchwell, ordering the United States to afford Churchwell a pretermination hearing.1 For the reasons set forth below, the grant of partial summary judgment is affirmed.

Kellen Churchwell is a registered nurse with 14 years experience in the medical profession. In July 1974, Churchwell...

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