United States Court of Appeals FOR THE EIGHTH CIRCUIT

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No. 97-2613 ___________

Herbert R. Hawn, Jr., * * Plaintiff - Appellee, * * v. * * B. Alan Sugg, in his official capacity as * President; Dr. Charles Hathway, in his * official capacity as Chancellor; Bart R. * Lindsey, James B. Blair, William E. * Clark, Frances A. Cranford, Joe L. * Hargrove, M.D., H. L. Hembree, III, * Appeal from the United States J. Thomas May, Frank W. Oldham, Jr., * District Court for the Carl S. Whillock, in their official * Eastern District of Arkansas. capacity as members of the Board of * Trustees of the University of Arkansas; * [UNPUBLISHED] University of Arkansas at Little Rock, * * Defendants - Appellants. * * Lewis E. Epley, Jr., in his official * capacity as a member of the Board of * Trustees of the University of Arkansas, * * Defendant, * ___________

Submitted: March 9, 1998 Filed: November 20, 1998 ___________ Before WOLLMAN and LOKEN, Circuit Judges, and BATAILLON,* District Judge. ___________

PER CURIAM.

The order of the district court denying defendants’ motion for summary judgment on the grounds of Eleventh Amendment immunity is reversed, and the case is remanded for further proceedings not inconsistent with this court’s opinion in Humenansky v. Regents of the University of Minnesota, 152 F.3d 822 (8th Cir. 1998), rehearing denied, No. 97-2302 (8th Cir. Nov. 3, 1998).

BATAILLON, District Judge, concurring.

I adhere to the views expressed in my dissent in Humenansky but agree that we are bound to follow that decision in this case.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

* The HONORABLE JOSEPH F. BATAILLON, United States District Judge for the District of Nebraska, sitting by designation.

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