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TOFANO v. SUPREME COURT OF NEVADA

No. 83-1773.

718 F.2d 313 (1983)

John J. TOFANO, Plaintiff-Appellant, v. SUPREME COURT OF NEVADA, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 12, 1983.

Attorney(s) appearing for the Case

Robert A. Massi, Las Vegas, Nev., for plaintiff-appellant.

William E. Isaeff, Deputy Atty. Gen., Carson City, Nev., for defendants-appellees.

Before TUTTLE, WALLACE, and PREGERSON, Circuit Judges.

PREGERSON, Circuit Judge:

Appellant John J. Tofano filed an action in the District of Nevada challenging grading procedures for the essay portion of the Nevada Bar Examination. Appellant contends that the raw score system — whereby a particular raw score is picked to equal a passing grade of 75 — is unconstitutionally vague. Appellant also contends that the examiners' failure to use a pre-set or model answer for grading essay questions vests unconstitutional...

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