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NASH v. AUBURN UNIVERSITY

Civ. A. No. 85-H-1141-E.

621 F.Supp. 948 (1985)

David M. NASH and Donna C. Perry, Plaintiffs, v. AUBURN UNIVERSITY, Frank G. Vice, J.T. Vaughan, H.C. Morgan, and James E. Martin, Defendants.

United States District Court, M.D. Alabama, E.D.

October 23, 1985.

Attorney(s) appearing for the Case

McPhillips, DeBardelaben & Hawthorne, Julian McPhillips, Griffin Sikes, Jr., Montgomery, Ala., for plaintiffs.

Balch & Bingham, David Boyd, Montgomery, Ala., Samford & Samford, Thomas D. Samford, III, Opelika, Ala., Melton & Espy, Joe Espy, Montgomery, Ala., for defendants.

MEMORANDUM OPINION

HOBBS, Chief Judge.

This cause is now before the Court on defendants' motion for summary judgment filed October 15, 1985 and plaintiffs' motion for summary judgment filed on October 16, 1985. Counsel for both parties orally waived the Rule 56(c) ten day waiting period before the time fixed for a hearing, and a hearing on both motions was held on October 18, 1985. Upon consideration of the motions, briefs, affidavits, transcripts, oral...

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