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BEVILLE v. SOUTH DAKOTA BD. OF REGENTS

Civ. No. 85-3052.

687 F.Supp. 464 (1988)

Mitchell J. BEVILLE, Plaintiff, v. SOUTH DAKOTA BOARD OF REGENTS, Michelle Tapken, William Srstka, Fred Cozad, Howard Levi, Michael Rost, Howard Owens, Dennis McFarland, Individually and in Their Official Capacities as Members of the Board of Regents; Joseph McFadden, Individually and in His Official Capacity as President, University of South Dakota, Richard Butwell, Individually and in his Official Capacity as Vice President, University of South Dakota; and Donald Dahlin, Individually and in his Official Capacity as Chairman, Department of Political Science, University of South Dakota, Defendants.

United States District Court, D. South Dakota, C.D.

June 8, 1988.

Attorney(s) appearing for the Case

Celia Miner, Brady, Kabeiseman, Reade & Johnson, Yankton, S.D., David J. Figuli, Greeley, Colo., for plaintiff.

Ronald J. Banks, Banks & Johnson, P.C., Rapid City, S.D., Terry N. Prendergast, Boyce, Murphy, McDowell & Greenfield, Sioux Falls, S.D., Robert B. Frieberg, Frieberg, Peterson & Travis, Beresford, S.D., for defendants.

MEMORANDUM OPINION

DONALD J. PORTER, Chief Judge.

On November 7, 1986, the defendants in this action filed a motion for summary judgment. In response to this motion, the plaintiff filed a motion under Rule 56(f) of the Federal Rules of Civil Procedure for a continuance to permit further discovery to be had before the Court decided the defendants' motion for summary judgment. The defendants' motion for summary judgment is now ripe for decision. Because the...

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