UNITED STATES COURT OF APPEALS Filed 1/6/97 TENTH CIRCUIT

EUGENE T. FOUST,

Plaintiff-Appellant,

and

MARY ANN JOHNSON FOUST, and MARGARET ANN JOHNSON, an alleged deprived child, No. 95-5046 Plaintiffs, (D.C. No. 92-C-909-C) (N.D. Okla.) v.

ORAL ROBERTS UNIVERSITY; ORAL ROBERTS; RICHARD ROBERTS; CLARENCE BOYD; MICHAEL YOAKUM; SCOTT SMITH; GARY L. GIBSON; LARRY JOHNSON; and GINA M. CHOROST,

Defendants-Appellees.

ORDER AND JUDGMENT *

Before BRORBY, EBEL and KELLY, Circuit Judges.

* This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3. After examining the briefs and appellate record, this panel has determined

unanimously that oral argument would not materially assist the determination of

this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore

ordered submitted without oral argument.

Mr. Foust is a pro se civil litigant. Mr. Foust filed this action and appealed

an adverse decision granting defendants summary judgment. We affirmed in an

unpublished decision. See Foust v. Oral Roberts University, No. 93-5169 (10th

Cir. Apr. 5, 1994).

Mr. Foust then returned to district court and filed a motion to remand this

case to the state court system. The district court denied the motion, and Mr. Foust

now appeals.

The law of the case bars this appeal. The decision of the district court is

AFFIRMED.

Entered for the Court

WADE BRORBY United States Circuit Judge

-2-